Index 
Texts adopted
Wednesday, 6 May 2009 - Strasbourg
Responsibilities of committees
 Interparliamentary delegations, delegations to joint interparliamentary committees and delegations to parliamentary cooperation committees and multilateral parliamentary assemblies
 CFP: repeal of Directive 83/515/EEC and 11 obsolete Decisions *
 CFP: repeal of 14 obsolete Regulations *
 Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) *
 The petitions process (amendment of Title VIII of the Rules of Procedure)
 Amendment of the Interinstitutional Agreement of 17 May 2006
 Draft amending budget No 4/2009
 Draft amending budget No 5/2009
 Energy labelling of televisions
 Non-State actors and local authorities in development
 General revision of the Rules of Procedure
 Electronic communications networks, personal data and the protection of privacy ***II
 Electronic communications networks and services ***II
 Body of European Regulators for Electronic Communications (BEREC) and the Office ***II
 Frequency bands for mobile communications ***I
 Equal treatment between men and women engaged in a self-employed capacity ***I
 European Globalisation Adjustment Fund ***I
 Economic Recovery Programme: energy projects ***I
 Credit requirements directives ***I
 Community programme for financial services, financial reporting and auditing ***I
 The protection of animals at the time of killing *
 Renewed Social Agenda
 Active inclusion of people excluded from the labour market

Responsibilities of committees
PDF 150kWORD 73k
European Parliament decision of 6 May 2009 on the powers and responsibilities of the standing committees
P6_TA(2009)0348B6-0269/2009

The European Parliament,

–   having regard to the proposal by the Conference of Presidents,

–   having regard to Rule 174 of its Rules of Procedure,

1.  Decides to set up the following standing committees:

I. Committee on Foreign Affairs,

II. Committee on Development

III. Committee on International Trade

IV. Committee on Budgets

V. Committee on Budgetary Control

VI. Committee on Economic and Monetary Affairs

VII. Committee on Employment and Social Affairs

VIII. Committee on the Environment, Public Health and Food Safety

IX. Committee on Industry, Research and Energy

X. Committee on Internal Market and Consumer Protection

XI. Committee on Transport and Tourism

XII. Committee on Regional Development

XIII. Committee on Agriculture and Rural Development

XIV. Committee on Fisheries

XV. Committee on Culture and Education

XVI. Committee on Legal Affairs

XVII. Committee on Civil Liberties, Justice and Home Affairs

XVIII. Committee on Constitutional Affairs

XIX. Committee on Women's Rights and Gender Equality

XX. Committee on Petitions;

2.  Decides to replace Annex VI to its Rules of Procedure by the following:

"ANNEX VI

Powers and responsibilities of standing committees

I. Committee on Foreign Affairs

Committee responsible for:

1. the common foreign and security policy (CFSP) and the European security and defence policy (ESDP). In this context the committee is assisted by a subcommittee on security and defence;

2. relations with other EU institutions and bodies, the UNO and other international organisations and interparliamentary assemblies for matters falling under its responsibility;

3. the strengthening of political relations with third countries, particularly those in the immediate vicinity of the Union, by means of major cooperation and assistance programmes or international agreements such as association and partnership agreements;

4. the opening, monitoring and concluding of negotiations concerning the accession of European States to the Union;

5. issues concerning human rights, the protection of minorities and the promotion of democratic values in third countries. In this context the committee is assisted by a subcommittee on human rights. Without prejudice to the relevant rules, members from other committees and bodies with responsibilities in this field shall be invited to attend the meetings of the subcommittee.

The committee coordinates the work of joint parliamentary committees and parliamentary cooperation committees as well as that of the interparliamentary delegations and ad hoc delegations and election observation missions falling within its remit.

II. Committee on Development

Committee responsible for:

1. the promotion, implementation and monitoring of the development and cooperation policy of the Union, notably:

(a) political dialogue with developing countries, bilaterally and in the relevant international organisations and interparliamentary fora,

(b) aid to, and cooperation agreements with, developing countries,

(c) promotion of democratic values, good governance and human rights in developing countries;

2. matters relating to the ACP-EU Partnership Agreement and relations with the relevant bodies;

3. Parliament's involvement in election observation missions, when appropriate in cooperation with other relevant committees and delegations.

The committee coordinates the work of the interparliamentary delegations and ad hoc delegations falling within its remit.

III. Committee on International Trade

Committee responsible for:

matters relating to the establishment and implementation of the Union's common commercial policy and its external economic relations, in particular:

1. financial, economic and trade relations with third countries and regional organisations;

2. measures of technical harmonisation or standardisation in fields covered by instruments of international law;

3. relations with the relevant international organisations and with organisations promoting regional economic and commercial integration outside the Union;

4. relations with the WTO, including its parliamentary dimension.

The committee liaises with the relevant interparliamentary and ad hoc delegations for the economic and trade aspects of relations with third countries.

IV. Committee on Budgets

Committee responsible for:

1. the multiannual financial framework of the Union's revenue and expenditure and the Union's system of own resources;

2. Parliament's budgetary prerogatives, namely the budget of the Union as well as the negotiation and implementation of interinstitutional agreements in this field;

3. Parliament's estimates according to the procedure defined in the Rules;

4. the budget of the decentralised bodies;

5. the financial activities of the European Investment Bank;

6. the budgetisation of the European Development Fund, without prejudice to the powers of the committee responsible for the ACP-EU Partnership Agreement;

7. financial implications and compatibility with the multiannual Financial Framework of all Community acts, without prejudice to the powers of the relevant committees;

8. keeping track of and assessing the implementation of the current budget notwithstanding Rule 72(1), transfers of appropriations, procedures relating to the establishment plans, administrative appropriations and opinions concerning buildings-related projects with significant financial implications;

9. the Financial Regulation, excluding matters relating to the implementation, management and control of the budget.

V. Committee on Budgetary Control

Committee responsible for:

1. the control of the implementation of the budget of the Union and of the European Development Fund, and the decisions on discharge to be taken by Parliament, including the internal discharge procedure and all other measures accompanying or implementing such decisions;

2. the closure, presenting and auditing of the accounts and balance sheets of the Union, its institutions and any bodies financed by it, including the establishment of appropriations to be carried over and the settling of balances;

3. the control of the financial activities of the European Investment Bank;

4. monitoring the cost-effectiveness of the various forms of Community financing in the implementation of the Union's policies;

5. consideration of fraud and irregularities in the implementation of the budget of the Union, measures aiming at preventing and prosecuting such cases, and the protection of the Union's financial interests in general;

6. relations with the Court of Auditors, the appointment of its members and consideration of its reports;

7. the Financial Regulation as far as the implementation, management and control of the budget are concerned.

VI. Committee on Economic and Monetary Affairs

Committee responsible for:

1. the economic and monetary policies of the Union, the functioning of Economic and Monetary Union and the European monetary and financial system (including relations with the relevant institutions or organisations);

2. the free movement of capital and payments (cross-border payments, single payment area, balance of payments, capital movements and borrowing and lending policy, control of movements of capital originating in third countries, measures to encourage the export of the Union's capital);

3. the international monetary and financial system (including relations with financial and monetary institutions and organisations);

4. rules on competition and State or public aid;

5. tax provisions;

6. the regulation and supervision of financial services, institutions and markets including financial reporting, auditing, accounting rules, corporate governance and other company law matters specifically concerning financial services.

VII. Committee on Employment and Social Affairs

Committee responsible for:

1. employment policy and all aspects of social policy such as working conditions, social security and social protection;

2. health and safety measures at the workplace;

3. the European Social Fund;

4. vocational training policy, including professional qualifications;

5. the free movement of workers and pensioners;

6. social dialogue;

7. all forms of discrimination at the workplace and in the labour market except those based on sex;

8. relations with:

- the European Centre for the Development of Vocational Training (Cedefop),

- the European Foundation for the Improvement of Living and Working Conditions,

- the European Training Foundation,

- the European Agency for Safety and Health at Work;

as well as relations with other relevant EU bodies and international organisations.

VIII. Committee on the Environment, Public Health and Food

Safety

Committee responsible for:

1. environmental policy and environmental protection measures, in particular concerning:

(a) air, soil and water pollution, waste management and recycling, dangerous substances and preparations, noise levels, climate change, protection of biodiversity,

(b) sustainable development,

(c) international and regional measures and agreements aimed at protecting the environment,

(d) restoration of environmental damage,

(e) civil protection,

(f) the European Environment Agency,

(g) the European Chemicals Agency;

2. public health, in particular:

(a) programmes and specific actions in the field of public health,

(b) pharmaceutical and cosmetic products,

(c) health aspects of bioterrorism,

(d) the European Agency for the Evaluation of Medicinal Products and the European Centre of Disease Prevention and Control;

3. food safety issues, in particular:

(a) the labelling and safety of foodstuffs,

(b) veterinary legislation concerning protection against risks to human health; public health checks on foodstuffs and food production systems,

(c) the European Food Safety Authority and the European Food and Veterinary Office.

IX. Committee on Industry, Research and Energy

Committee responsible for:

1. the Union's industrial policy and the application of new technologies, including measures relating to SMEs;

2. the Union's research policy, including the dissemination and exploitation of research findings;

3. space policy;

4. the activities of the Joint Research Centre and the Central Office for Nuclear Measurements, as well as JET, ITER and other projects in the same area;

5. Community measures relating to energy policy in general, the security of energy supply and energy efficiency including the establishment and development of trans-European networks in the energy infrastructure sector;

6. the Euratom Treaty and Euratom Supply Agency; nuclear safety, decommissioning and waste disposal in the nuclear sector;

7. the information society and information technology, including the establishment and development of trans-European networks in the telecommunication infrastructure sector.

X. Committee on the Internal Market and Consumer Protection

Committee responsible for:

1. coordination at Community level of national legislation in the sphere of the internal market and of the customs union, in particular:

(a) the free movement of goods including the harmonisation of technical standards,

(b) the right of establishment,

(c) the freedom to provide services except in the financial and postal sectors;

2. measures aiming at the identification and removal of potential obstacles to the functioning of the internal market;

3. the promotion and protection of the economic interests of consumers, except for public health and food safety issues, in the context of the establishment of the internal market.

XI. Committee on Transport and Tourism

Committee responsible for:

1. matters relating to the development of a common policy for rail, road, inland waterway, maritime and air transport, in particular:

(a) common rules applicable to transport within the European Union,

(b) the establishment and development of trans-European networks in the area of transport infrastructure,

(c) the provision of transport services and relations in the field of transport with third countries,

(d) transport safety,

(e) relations with international transport bodies and organisations;

2. postal services;

3. tourism.

XII. Committee on Regional Development

Committee responsible for:

regional and cohesion policy, in particular:

(a) the European Regional Development Fund, the Cohesion Fund and the other instruments of the Union's regional policy,

(b) assessing the impact of other Union policies on economic and social cohesion,

(c) coordination of the Union's structural instruments,

(d) outermost regions and islands as well as trans-frontier and interregional cooperation,

(e) relations with the Committee of the Regions, interregional cooperation organisations and local and regional authorities.

XIII. Committee on Agriculture and Rural Development

Committee responsible for:

1. the operation and development of the common agricultural policy;

2. rural development, including the activities of the relevant financial instruments;

3. legislation on:

(a) veterinary and plant-health matters, animal feedingstuffs provided such measures are not intended to protect against risks to human health,

(b) animal husbandry and welfare;

4. the improvement of the quality of agricultural products;

5. supplies of agricultural raw materials;

6. the Community Plant Variety Office;

7. forestry.

XIV. Committee on Fisheries

Committee responsible for:

1. the operation and development of the common fisheries policy and its management;

2. the conservation of fishery resources;

3. the common organisation of the market in fishery products;

4. structural policy in the fisheries and aquaculture sectors, including the financial instruments for fisheries guidance;

5. international fisheries agreements.

XV. Committee on Culture and Education

Committee responsible for:

1. the cultural aspects of the European Union, and in particular:

(a) improving the knowledge and dissemination of culture,

(b) the protection and promotion of cultural and linguistic diversity,

(c) the conservation and safeguarding of cultural heritage, cultural exchanges and artistic creation;

2. the Union's education policy, including the European higher education area, the promotion of the system of European schools and lifelong learning;

3. audiovisual policy and the cultural and educational aspects of the information society;

4. youth policy and the development of a sports and leisure policy;

5. information and media policy;

6. cooperation with third countries in the areas of culture and education and relations with the relevant international organisations and institutions.

XVI. Committee on Legal Affairs

Committee responsible for:

1. the interpretation and application of European law, compliance of European Union acts with primary law, notably the choice of legal bases and respect for the principles of subsidiarity and proportionality;

2. the interpretation and application of international law, in so far as the European Union is affected;

3. the simplification of Community law, in particular legislative proposals for its official codification;

4. the legal protection of Parliament's rights and prerogatives, including its involvement in actions before the Court of Justice and the Court of First Instance;

5. Community acts which affect the Member States' legal order, namely in the fields of:

(a) civil and commercial law,

(b) company law,

(c) intellectual property law,

(d) procedural law;

6. measures concerning judicial and administrative cooperation in civil matters;

7. environmental liability and sanctions against environmental crime;

8. ethical questions related to new technologies, applying the procedure with associated committees with the relevant committees;

9. the Statute for Members and the Staff Regulations of the European Communities;

10. privileges and immunities as well as verification of Members' credentials;

11. the organisation and statute of the Court of Justice;

12. the Office for Harmonisation in the Internal Market.

XVII. Committee on Civil Liberties, Justice and Home Affairs

Committee responsible for:

1. the protection within the territory of the Union of citizens' rights, human rights and fundamental rights, including the protection of minorities, as laid down in the Treaties and in the Charter of Fundamental Rights of the European Union;

2. the measures needed to combat all forms of discrimination other than those based on sex or those occurring at the workplace and in the labour market;

3. legislation in the areas of transparency and of the protection of natural persons with regard to the processing of personal data;

4. the establishment and development of an area of freedom, security and justice, in particular:

(a) measures concerning the entry and movement of persons, asylum and migration,

(b) measures concerning an integrated management of the common borders,

(c) measures relating to police and judicial cooperation in criminal matters;

5. the European Monitoring Centre for Drugs and Drug Addiction and the European Monitoring Centre on Racism and Xenophobia, Europol, Eurojust, Cepol and other bodies and agencies in the same area;

6. the determination of a clear risk of a serious breach by a Member State of the principles common to the Member States.

XVIII. Committee on Constitutional Affairs

Committee responsible for:

1. the institutional aspects of the European integration process, in particular in the framework of the preparation and proceedings of conventions and intergovernmental conferences;

2. the implementation of the EU Treaty and the assessment of its operation;

3. the institutional consequences of enlargement negotiations of the Union;

4. interinstitutional relations, including, in view of their approval by Parliament, examination of interinstitutional agreements pursuant to Rule 120(2) of the Rules of Procedure;

5. uniform electoral procedure;

6. political parties at European level, without prejudice to the competences of the Bureau;

7. the determination of the existence of a serious and persistent breach by a Member State of the principles common to the Member States;

8. the interpretation and application of the Rules of Procedure and proposals for amendments thereto.

XIX. Committee on Women's Rights and Gender Equality

Committee responsible for:

1. the definition, promotion and protection of women's rights in the Union and related Community measures;

2. the promotion of women's rights in third countries;

3. equal opportunities policy, including equality between men and women with regard to labour market opportunities and treatment at work;

4. the removal of all forms of discrimination based on sex;

5. the implementation and further development of gender mainstreaming in all policy sectors;

6. the follow-up and implementation of international agreements and conventions involving the rights of women;

7. information policy on women.

XX. Committee on Petitions

Committee responsible for:

1. petitions;

2. relations with the European Ombudsman.";

3.  Decides that this decision will enter into force on the first day of the first part-session of the seventh parliamentary term;

4.  Instructs its President to forward this decision to the Council and the Commission, for information.


Interparliamentary delegations, delegations to joint interparliamentary committees and delegations to parliamentary cooperation committees and multilateral parliamentary assemblies
PDF 120kWORD 46k
European Parliament decision of 6 May 2009 on the number of interparliamentary delegations, delegations to joint parliamentary committees, delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies
P6_TA(2009)0349B6-0268/2009

The European Parliament,

–   having regard to the proposal by the Conference of Presidents,

–   having regard to Rules 188 and 190 of its Rules of Procedure,

–   having regard to the association, cooperation and other agreements concluded by the Union with non-EU countries,

–   anxious to strengthen parliamentary democracy by pursuing a continuous interparliamentary dialogue,

1.  Decides that the number of delegations and their regional groupings shall be as follows:

(a) Europe, Western Balkans and Turkey

Delegations to the:

– EU-Croatia Joint Parliamentary Committee

– EU-Former Yugoslav Republic of Macedonia Joint Parliamentary Committee

– EU-Turkey Joint Parliamentary Committee

Delegation for relations with Switzerland, Iceland and Norway and to the European Economic Area (EEA) Joint Parliamentary Committee

Delegation for relations with Albania, Bosnia and Herzegovina, Serbia, Montenegro and Kosovo

(b) Russia, the Eastern Partnership States, Central Asia and Mongolia

Delegation to the EU-Russia Parliamentary Cooperation Committee

Delegation to the EU-Ukraine Parliamentary Cooperation Committee

Delegation to the EU-Moldova Parliamentary Cooperation Committee

Delegation for relations with Belarus

Delegation to the EU-Armenia, EU-Azerbaijan and EU-Georgia Parliamentary Cooperation Committees

Delegation to the EU-Kazakhstan, EU-Kyrgyzstan and EU-Uzbekistan Parliamentary Cooperation Committees, and for relations with Tajikistan, Turkmenistan and Mongolia

(c) Maghreb, Mashreq, Israel and Palestine

Delegations for relations with:

– Israel

– the Palestinian Legislative Council

– the Maghreb countries and the Arab Maghreb Union

– the Mashreq countries

(d) The Arab Peninsula, Iraq and Iran

Delegations for relations with:

– the Arab Peninsula

– Iraq

– Iran

(e) The Americas

Delegations for relations with:

– the United States

– Canada

– the countries of Central America

– the countries of the Andean Community

– Mercosur

Delegation to the EU-Mexico Joint Parliamentary Committee

Delegation to the EU-Chile Joint Parliamentary Committee

(f) Asia/Pacific

Delegations for relations with:

– Japan

– the People's Republic of China

– India

– Afghanistan

– the countries of South Asia

– the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN)

– the Korean Peninsula

– Australia and New Zealand

(g) Africa

Delegations for relations with:

– South Africa

– the Pan-African Parliament

(h) Multilateral Assemblies

Delegation to the ACP-EU Joint Parliamentary Assembly

Delegation to the Euro-Mediterranean Parliamentary Assembly

Delegation to the Euro-Latin American Parliamentary Assembly

Delegation to the Euronest Parliamentary Assembly

Delegation for relations with the NATO Parliamentary Assembly

(which will consist of members of the Subcommittee on Security and Defence);

2.(a) Decides that the membership of EPA Parliamentary Committees shall be drawn exclusively from the Committee on International Trade and the Committee on Development – ensuring the maintenance of the leading role of the Committee on International Trade as the committee responsible – and that they should actively coordinate their work with the ACP-EU Joint Parliamentary Assembly (JPA);

(b) Decides that the membership of the Euromed, Eurolat and Euronest Parliamentary Assemblies shall be drawn exclusively from the bilateral or sub-regional delegations covered by each Assembly;

3.  Recalls the decision of the Conference of Presidents to establish a Euronest Parliamentary Assembly associating the European Parliament with the Parliaments of Ukraine, Moldova, Belarus, Armenia, Azerbaijan and Georgia; decides, as regards Belarus, that the Conference of Presidents will submit proposals with regard to the representation of Belarus in the Euronest Parliamentary Assembly;

4.  Decides that the Conference of Delegation Chairmen should draw up a draft annual calendar, to be adopted by the Conference of Presidents after consulting the Committee on Foreign Affairs, the Committee on Development and the Committee on International Trade, on the understanding, however, that the Conference of Presidents may modify the calendar in order to respond to political events;

5.  Decides that the political groups and non-attached Members shall appoint permanent substitutes to serve on each type of delegation and that the number of those substitutes may not exceed the number of full members representing the groups or non-attached Members;

6.  Decides to intensify cooperation with and consultation of the committees concerned by delegation work by organising joint meetings between these bodies in its usual places of work;

7.  Will endeavour to ensure at the practical level that one or more committee rapporteurs/chairs may likewise take part in the proceedings of delegations, parliamentary cooperation committees, joint parliamentary committees and multilateral Parliamentary Assemblies; and decides that the President, at the joint request of the chairmen of the delegation and committee concerned, shall authorise missions of this type;

8.  Decides that this decision will enter into force at the first part-session of the seventh parliamentary term;

9.  Instructs its President to forward this decision to the Council and the Commission.


CFP: repeal of Directive 83/515/EEC and 11 obsolete Decisions *
PDF 190kWORD 29k
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council decision repealing Directive 83/515/EEC and 11 obsolete decisions in the field of the Common Fisheries Policy (COM(2009)0088 – C6-0094/2009 – 2009/0022(CNS))
P6_TA(2009)0350A6-0203/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0088),

–   having regard to Article 37, Article 300(2) and the first subparagraph of Article 300(3) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0094/2009),

–   having regard to Rule 51 and Rule 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries (A6-0203/2009),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission.


CFP: repeal of 14 obsolete Regulations *
PDF 190kWORD 29k
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council regulation repealing 14 obsolete Regulations in the field of the Common Fisheries Policy (COM(2009)0089 – C6-0095/2009 – 2009/0024(CNS))
P6_TA(2009)0351A6-0202/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0089),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0095/2009),

–   having regard to Rule 51 and Rule 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries (A6-0202/2009),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission.


Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) *
PDF 318kWORD 114k
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council regulation amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2009)0038 – C6-0051/2009 – 2009/0011(CNS))
P6_TA(2009)0352A6-0259/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0038),

–   having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0051/2009),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Regional Development and the Committee on Budgets (A6-0259/2009),

1.  Approves the Commission proposal as amended;

2.  Acknowledges that there are uncertainties concerning the availability of margins under heading 2; emphasises that the financing of the economic recovery plan should not put at risk future needs within that category of expenditure; expresses its preference for using the margins of the budget years that are coming to an end;

3.  Recalls that the annual amount will be decided within the annual budgetary procedure, in accordance with the provisions of point 38 of the Interinstitutional Agreement of 17 May 2006(1);

4.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

5.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

6.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

7.  Instructs its President to forward its position to the Council and the Commission.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation – amending act
Recital 1 a (new)
(1a)  Financing of the European economic recovery plan should be carried out in accordance with the provisions of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1.
____________
1OJ C 139, 14.6.2006, p. 1.
Amendment 2
Proposal for a regulation – amending act
Recital 1 b (new)
(1b)  The current margins in heading 2 cannot be taken for granted and any agreement on the economic recovery plan should not put at risk future needs within any category of expenditure.
Amendment 3
Proposal for a regulation – amending act
Recital 2
(2)  Of the above amount, EUR 1.5 billion should be made available to all Member States via the European Agricultural Fund for Rural Development (EAFRD) with a view to developing broadband internet in rural areas and to strengthening the operations related to the priorities laid down in Article 16a(1)(a) to (f) of Council Regulation (EC) No 1698/2005 (hereinafter "new challenges").
(2)  Of the above amount, EUR 1 020 million should be made available to all Member States via the European Agricultural Fund for Rural Development (EAFRD) with a view to developing broadband internet in rural areas and to strengthening the operations related to the priorities laid down in Article 16a(1)(a) to (f) of Council Regulation (EC) No 1698/2005 (hereinafter "new challenges"). Of this amount, EUR 850 million should be available in 2009, while EUR 170 million should be secured through a compensation mechanism in the context of the conciliation on the 2010 budget and should be available in 2010.
Amendment 4
Proposal for a regulation – amending act
Recital 2 a (new)
(2a)  The budgetary authority increased the 2009 budget line for rural development by EUR 249 840 000. These additional funds should be made available for the measures financed under the EAFRD in the European Economic Recovery Plan.
Amendment 5
Proposal for a regulation – amending act
Recital 4
(4)  In order to ensure that the breakdown of the additional Community contribution in each Member State is used consistently with the objectives of the two policy packages (new challenges and broadband internet), Member States should specify in their national strategy plans the indicative amount, resulting from the compulsory modulation together with the unused funds generated under Article 136 of Regulation (EC) No … and the increase of the global commitments as laid down by Council Decision 2006/493/EC as amended by Decision ……. These amounts will be devoted to broadband internet infrastructure in rural areas on the one hand and to the "new challenges" on the other.
(4)  In order to ensure that the breakdown of the additional Community contribution in each Member State is used consistently with the objectives of the two policy packages (new challenges and broadband internet), Member States should specify in their national strategy plans the indicative amount, resulting from the compulsory modulation together with the unused funds generated under Article 136 of Regulation (EC) No … and the increase of the global commitments as laid down by Council Decision 2006/493/EC as amended by Decision ……. These amounts will be devoted to broadband internet infrastructure in rural areas, to the "new challenges", and to other measures aimed at improving take-up of the funds and creating new jobs.
Amendment 6
Proposal for a regulation – amending act
Recital 4 a (new)
(4a)  In order to increase the take-up of their programmes, Member States may use the additional resources for a guarantee and loan fund.
Amendment 7
Proposal for a regulation – amending act
Recital 6
(6)  The Conclusions of the European Council of 12 December 2008 record the European Council's supports under the EERP, in particular, developing broadband internet, including in areas that are poorly served. Because rural areas often suffer from insufficient internet access, support for broadband infrastructures in rural areas should be strengthened under the support of EAFRD. Given the importance of this priority, Member States should provide in their programmes for operations related to this priority by the end of 2009. A list of types of operations related to broadband infrastructures should be established in order to allow Member States to identify the relevant operations in the context of the legal framework for rural development.
(6)  The Conclusions of the European Council of 12 December 2008 record the European Council's supports under the EERP, in particular, developing broadband internet, including in areas that are poorly served. Because rural areas often suffer from insufficient internet access, support for broadband infrastructures and related facilities in rural areas should be strengthened under the support of EAFRD. Given the importance of this priority, Member States should provide in their programmes for operations related to this priority by the end of 2009. A list of types of operations related to broadband infrastructures and facilities should be established in order to allow Member States to identify the relevant operations in the context of the legal framework for rural development.
Amendment 8
Proposal for a regulation – amending act
Recital 10
(10)  Rural areas often lack broadband infrastructure both small and larger scale. The latter may be crucial for serving less accessible rural areas. In order to ensure the most effective use of available resources and to allow a substantive development of the broadband internet in rural areas, the pertinent operations should be considered eligible without limitation in the size of the related infrastructure. Therefore, the existing limitation in size for infrastructure in basic services for economy and rural population should not apply to the operations related to broadband infrastructures.
(10)  Rural areas often lack broadband infrastructure both small and larger scale. The latter is crucial for serving less accessible rural areas such as islands and mountain regions. In order to ensure the most effective use of available resources and existing infrastructure, and to allow a substantive development of the broadband internet and facilities in rural areas, the pertinent operations should be considered eligible without limitation in the size of the related active or passive infrastructure or part thereof. Therefore, the existing limitation in size for infrastructure in basic services for economy and rural population should not apply to the operations related to broadband infrastructures.
Amendment 9
Proposal for a regulation – amending act
Recital 11 a (new)
(11a)  Given the need for rapid reaction to the current economic crisis, it is appropriate to provide for payments which can be made in budget year 2009.
Amendment 10
Proposal for a regulation – amending act
Recital 13 a (new)
(13a)  Member States should make sure that specific information is available to regional and local authorities and potential beneficiaries on the new opportunities offered by the revised rural development programmes.
Amendment 11
Proposal for a regulation – amending act
Recital 13 b (new)
(13b)  Special measures for the provision of educational and training courses on the use of broadband infrastructures and facilities in rural communities should be established, with special attention to the vocational training of agricultural specialists, whose practical skills could then be utilised. In that respect, stimulation of the research sector should be considered a priority.
Amendment 12
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1698/2005
Article 16a – paragraph 1 – point g
(g) broadband internet infrastructure in rural areas.
(g) broadband internet infrastructure in rural areas and facilities for public internet access in rural communities;
Amendment 13
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1698/2005
Article 16a – paragraph 1 – point g a (new)
(ga) economic-crisis management in the agricultural sector, principally to provide support for infrastructures and to create a network of producers and organisations;
Amendment 14
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1698/2005
Article 16a – paragraph 1 – point g b (new)
(gb) measures to preserve or create jobs in rural areas;
Amendment 15
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1698/2005
Article 16a – paragraph 1 – point g c (new)
(gc) support measures for young farmers.
Amendment 16
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1698/2005
Article 16a – paragraph 3 – point b
(b) a table setting out, for the period from 1 January 2009 to 31 December 2013, the total Community contribution for types of operations referred to in points (a) to (f) of paragraph 1 and the Community contribution for types of operations referred to in point (g) of paragraph 1.
(b) a table setting out, for the period from 1 January 2009 to 31 December 2013, the total Community contribution for types of operations referred to in points (a) to (f) and (ga) to (gc) of paragraph 1 and the Community contribution for types of operations referred to in point (g) of paragraph 1.
Amendment 17
Proposal for a regulation – amending act
Article 1 – point 6 – subpoint a
Regulation (EC) No 1698/2005
Article 69 – paragraph 2a
"2a. The part of the amount referred to in paragraph 1 of this Article resulting from the increase of the global commitments as laid down by Council Decision 2006/493/EC as amended by Decision …… shall be available as from 1 January 2009. It shall be devoted to types of operations related to priorities laid down in Article 16a(1) and it shall be spent as follows:
"2a. The part of the amount referred to in paragraph 1 of this Article resulting from the increase of the global commitments as laid down by Council Decision 2006/493/EC as amended by Decision …… as well as the amount of EUR 249 840 000 added to budget line 05 04 05 01 in budget year 2009 shall be available as from 1 January 2009. They shall be devoted to types of operations related to priorities laid down in Article 16a(1)."
(a) one third (EUR 0.5 billion) on types of operations related to priorities laid down in Article 16a(1)(a) to (f);
(b) two thirds (EUR 1 billion) on types of operations related to priority laid down in Article 16a(1)(g)."
Amendment 18
Proposal for a regulation – amending act
Article 1 – point 6 – subpoint aa (new)
Regulation (EC) No 1698/2005
Article 69 – paragraph 4 - subparagraph 1 a (new)
(aa)  In paragraph 4, the following subparagraph is added:
"For the amount referred to in paragraph 2a(b), the Commission shall take into account the differences in existing broadband coverage in the Member States, particularly in areas where access is difficult, and the different needs resulting therefrom.".
Amendment 19
Proposal for a regulation – amending act
Article 1 – point 6 – subpoint b
Regulation (EC) No 1698/2005
Article 69 – paragraph 5a – subparagraph 1 a (new)
The Commission's annual report on rural development shall contain a section dealing specifically with monitoring operations connected with the priorities listed in Article 16a(1)(g).
Amendment 20
Proposal for a regulation – amending act
Article 1 – point 6 – subpoint b
Regulation (EC) No 1698/2005
Article 69 – paragraph 5 b
5b.  If, at the closure of the programme, the actual amount of Community contribution spent on the operations referred to in Article 16a(1) is lower than the total of the amounts referred to in paragraph 5a of this Article, the difference shall be reimbursed by the Member State to the general budget of the European Communities up to the amount by which the total allocations available for operations other than those referred to in Article 16a(1) have been exceeded.
5b.  If, at the closure of the programme, the actual amount of Community contribution spent on the operations referred to in Article 16a(1) is lower than the total of the amounts referred to in paragraph 5a of this Article, the difference shall be incorporated by the Member State into its agricultural development budget up to the amount by which the total allocations available for operations other than those referred to in Article 16a(1) have been exceeded.
In addition, if, at the closure of the programme, the actual amount of Community contribution spent on the operations referred to in Article 16a(1)(a) to (f) is lower than the amount referred to in paragraph 5a of this Article for those types of operations, the difference shall be reimbursed by the Member State to the general budget of the European Communities up to the amount by which the allocations available for operations referred to in Article 16a(1)(g) have been exceeded. However, if the actual amount of Community contribution spent on the operations other than those referred to in Article 16a(1) is lower than the allocations available for those types of operations, the amount to be reimbursed shall be reduced of that difference.
In parallel, if at the closure of the programme, the actual amount of Community contribution spent on the operations referred to in Article 16a(1)(g) is lower than the amount referred to in paragraph 5a of this Article for those types of operations, the difference shall be reimbursed by the Member State to the general budget of the European Communities up to the amount by which the allocations available for operations referred to in Article 16a(1)(a) to (f) have been exceeded. However, if the actual amount of Community contribution spent on the operations other than those referred to in Article 16a(1) is lower than the allocations available for those types of operations, the amount to be reimbursed shall be reduced of that difference.".
Amendment 21
Proposal for a regulation – amending act
Article 1 – point 6 – subpoint ba (new)
Regulation (EC) No 1698/2005
Article 69 – paragraph 6 a (new)
(ba)  The following paragraph is added:
"6a. From the amount referred to in paragraph 2a, EUR 250 million shall be made available for payments in budget year 2009.".
Amendment 22
Proposal for a regulation – amending act
Article 2 – point 6 a (new)
Regulation (EC) No 1698/2005
Article 69 a (new)
(6a)  The following Article is inserted:
" Article 69a
Guarantee and loan funds
Notwithstanding the provisions of Article 69, Member States can use the amount referred to in Article 69(2a) for guarantee and loan funds. For the implementation of this Article, the provisions of Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)1, and in particular Articles 50, 51 and 52 thereof, shall apply.
_________
1OJ L 368, 23.12.2006, p. 15."
Amendment 23
Proposal for a regulation – amending act
Article 1 – point 7
Regulation (EC) No 1698/2005
Article 70 – paragraph 4 – subparagraph 2
"Notwithstanding the ceilings set out in paragraph 3, the EAFRD contribution may be increased to 90 % for convergence and to 75% for non-convergence regions for the operations of the types referred to in Article 16a(1) of this Regulation, up to the amount resulting from the application of the compulsory modulation under Article 9(4) and Article 10(3) of Regulation (EC) No …, the amount referred to in Article 69(2a) of this Regulation and, as from 2011, the amounts generated under Article 136 of Regulation (EC) No ….";
"Notwithstanding the ceilings set out in paragraph 3, the EAFRD contribution may be increased to 100 % for convergence and to 75% for non-convergence regions for the operations of the types referred to in Article 16a(1) of this Regulation, up to the amount resulting from the application of the compulsory modulation under Article 9(4) and Article 10(3) of Regulation (EC) No …, the amount referred to in Article 69(2a) of this Regulation and, as from 2011, the amounts generated under Article 136 of Regulation (EC) No ….";
Amendment 24
Proposal for a regulation – amending act
Article 1 – point 8 a (new)
Regulation (EC) No 1698/2005
Article 76 – paragraph 2 a (new)
(8a)  In Article 76, the following paragraph is added:
"2a. Member States shall provide specific information with regard to the new priorities outlined in Article 16a. Such information shall be provided for the benefit of regional and local authorities and potential beneficiaries of the measures.".
Amendment 25
Proposal for a regulation – amending act
Annex
Regulation (EC) No 1698/2005
Annex III – Title
List with types of operations related to the priority under Article 16a(1)(g)
Indicative list with types of operations related to the priority under Article 16a(1)(g)
Amendment 26
Proposal for a regulation – amending act
Annex
Regulation (EC) No 1698/2005
Annex III – column 1 – line 1
Creation of new broadband infrastructure including backhaul facilities (e.g. fixed, terrestrial wireless, satellite-based or combination of technologies)
Creation of new broadband infrastructure including backhaul facilities and ground equipment (e.g. fixed, terrestrial wireless, satellite-based or combination of technologies) and other necessary forms of support (e.g. installation and maintenance)
Amendment 27
Proposal for a regulation – amending act
Annex
Regulation (EC) No 1698/2005
Annex III – line 3 a (new)
Providing public access to broadband facilities
Article 56: basic services for the economy and rural population

(1) OJ C 139, 14.6.2006, p. 1.


The petitions process (amendment of Title VIII of the Rules of Procedure)
PDF 224kWORD 87k
European Parliament decision of 6 May 2009 on revision of the Rules of Procedure with regard to the petitions process (2006/2209(REG))
P6_TA(2009)0353A6-0027/2009

The European Parliament,

–   having regard to the letter from its President of 20 July 2006,

–   having regard to Rules 201 and 202 of its Rules of Procedure,

–   having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Petitions (A6-0027/2009),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Points out that the amendments will enter into force on the first day of the next part-session, with the exception of the amendment concerning Rule 193a (new), which will enter into force on the first day after the entry into force of the relevant Treaty provision;

3.  Instructs its President to forward this decision to the Council and the Commission, for information.

Present text   Amendment
Amendment 1
Parliament's Rules of Procedure
Rule 191 – paragraph 2 a (new)
2a.  Where a petition is signed by several natural or legal persons, the signatories shall designate a representative and deputy representatives who shall be regarded as the petitioners for the purposes of this Title.
If no such representatives have been designated the first signatory or another appropriate person shall be regarded as the petitioner.
Amendment 2
Parliament's Rules of Procedure
Rule 191 – paragraph 2 b (new)
2b.  Each petitioner may at any time withdraw support for the petition.
After withdrawal of support by all the petitioners the petition shall become null and void.
Amendment 3
Parliament's Rules of Procedure
Rule 191 – paragraph 3
3.  Petitions must be written in one of the official languages of the European Union.
3.  Petitions must be written in an official language of the European Union.
Petitions written in any other language will be considered only where the petitioner has attached a translation or summary drawn up in an official language of the European Union. The translation or summary shall form the basis of Parliament's work. Parliament's correspondence with the petitioner shall employ the official language in which the translation or summary is drawn up.
Petitions written in any other language will be considered only if the petitioner has attached a translation in an official language. Parliament's correspondence with the petitioner shall employ the official language in which the translation is drawn up.
The Bureau may decide that petitions and correspondence with petitioners may be drafted in other languages used in a Member State.
Amendment 4
Parliament's Rules of Procedure
Rule 191 – paragraph 5
5.  Petitions entered in the register shall be forwarded by the President to the committee responsible, which shall first ascertain whether the petitions registered fall within the sphere of activities of the European Union.
5.  Petitions entered in the register shall be forwarded by the President to the committee responsible, which shall first establish the admissibility or otherwise of the petition in accordance with Article 194 of the EC Treaty.
If the committee responsible fails to reach a consensus on the admissibility of the petition, it shall be declared admissible at the request of at least one quarter of the members of the committee.
Amendment 5
Parliament's Rules of Procedure
Rule 191 – paragraph 6
6.  Petitions declared inadmissible by the committee shall be filed; the petitioner shall be informed of the decision and the reasons therefor.
6.  Petitions declared inadmissible by the committee shall be filed; the petitioner shall be informed of the decision and the reasons for it. Where possible, alternative means of redress may be recommended.
Amendment 6
Parliament's Rules of Procedure
Rule 191 – paragraph 7
7.  In such cases the committee may suggest to the petitioner that he contact the competent authority of the Member State concerned or of the European Union.
deleted
Amendment 7
Parliament's Rules of Procedure
Rule 191 – paragraph 8
8.  Unless the petitioner asks for it to be treated in confidence, it shall be entered in a public register.
8.  Petitions, once registered, shall as a general rule become public documents, and the name of the petitioner and the contents of the petition may be published by Parliament for reasons of transparency.
Amendment 8
Parliament's Rules of Procedure
Rule 191 – paragraph 8 a (new)
8a.  Notwithstanding the provisions contained in paragraph 8, the petitioner may request that his or her name be withheld in order to protect his or her privacy, in which case Parliament must comply with the request.
Where the petitioner's complaint cannot be investigated for reasons of anonymity, the petitioner shall be consulted as to the further steps to be taken.
Amendment 9
Parliament's Rules of Procedure
Rule 191 – paragraph 8 b (new)
8b.  The petitioner may request that his or her petition be treated confidentially, in which case suitable precautions shall be taken by Parliament to ensure that the contents are not made public. The petitioner shall be told under which precise conditions this provision is to apply.
Amendment 10
Parliament's Rules of Procedure
Rule 192 – paragraph -1 (new)
-1.  Admissible petitions shall be considered by the committee responsible in the course of its normal activity, either through discussion at a regular meeting or by written procedure. Petitioners may be invited to participate in meetings of the committee if their petition is to be the subject of discussion, or they may request to be present. The right to speak shall be granted to petitioners at the discretion of the Chair.
Amendment 11
Parliament's Rules of Procedure
Rule 192 – paragraph 1
1.  The committee responsible may decide to draw up a report or otherwise express its opinion on petitions it has declared admissible.
1.  The committee may, with regard to an admissible petition, decide to draw up an own-initiative report in accordance with Rule 45(1) or to submit a short motion for a resolution to Parliament, provided that there is no objection by the Conference of Presidents. Such motions for resolutions shall be placed on the draft agenda of the part-session held no later than eight weeks after their adoption in committee. They shall be put to a single vote and shall also be without debate unless the Conference of Presidents exceptionally decides to apply Rule 131a.
The committee may, particularly in the case of petitions which seek changes in existing law, request opinions from other committees pursuant to Rule 46.
The committee may request opinions from other committees that have specific responsibility for the issue under consideration in accordance with Rule 46 and Annex VI.
Amendment 12
Parliament's Rules of Procedure
Rule 192 – paragraph 2
2.  An electronic register shall be set up in which citizens may lend their support to the petitioner, appending their own electronic signature to petitions which have been declared admissible and entered in the register.
2.  An electronic register shall be set up in which citizens may lend or withdraw their support to the petitioner, appending their own electronic signature to petitions which have been declared admissible and entered in the register.
Amendment 13
Parliament's Rules of Procedure
Rule 192 – paragraph 3
3.  When considering petitions or establishing facts, the committee may organise hearings of petitioners or general hearings or dispatch members to establish the facts of the situation in situ.
3.  When investigating petitions, establishing facts or seeking solutions the committee may organise fact-finding visits to the Member State or region concerned by the petition.
Reports on the visits shall be drafted by their participants. They shall be forwarded to the President after approval by the committee.
Amendment 14
Parliament's Rules of Procedure
Rule 192 – paragraph 4
4.  With a view to preparing its opinions, the committee may request the Commission to submit documents, to supply information and to grant it access to its facilities.
4.  The committee may request assistance from the Commission particularly in the form of information on the application of, or compliance with, Community law and information or documents relevant to the petition. Representatives of the Commission shall be invited to attend meetings of the committee.
Amendment 15
Parliament's Rules of Procedure
Rule 192 – paragraph 5
5.  The committee shall, where necessary, submit motions for resolutions to Parliament on petitions which it has considered.
5.  The committee may ask the President to forward its opinion or recommendation to the Commission, the Council or the Member State authority concerned for action or response.
The committee may also request that its opinions be forwarded by the President to the Commission or the Council.
Amendment 16
Parliament's Rules of Procedure
Rule 192 – paragraph 7
7.  The President shall inform petitioners of the decisions taken and the reasons therefor.
7.  The petitioner shall be informed of the decision taken by the committee and the reasons for that decision.
When consideration of an admissible petition has been concluded, it shall be declared closed and the petitioner informed.
Amendment 17
Parliament's Rules of Procedure
Rule 193 a (new)
Rule 193 a
Citizens' initiative
When Parliament is informed that the Commission has been invited to submit a proposal for a legal act under Article 11(4) of the EU Treaty, the Committee on Petitions shall ascertain whether this is likely to affect its work and, if need be, shall inform those petitioners who have addressed a petition on related subjects.

Amendment of the Interinstitutional Agreement of 17 May 2006
PDF 232kWORD 81k
Resolution
Annex
Annex
European Parliament resolution of 6 May 2009 on the amended proposal for a decision of the European Parliament and of the Council amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework (2007-2013) (COM(2009)0171 – C6-0508/2008 – 2008/2332(ACI))
P6_TA(2009)0354A6-0278/2009

The European Parliament,

–   having regard to the amended Commission proposal to the European Parliament and the Council (COM(2009)0171),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1) (IIA of 17 May 2006), and in particular to Points 21, 22 and 23 thereof,

–   having regard to its resolution of 25 March 2009 on the Mid-term Review of the 2007-2013 Financial Framework(2) and of 10 March 2009 on Guidelines for the 2010 budget procedure(3) ,

–   having regard to the Conclusions of the Trialogue held on 2 April 2009,

–   having regard to the report of the Committee on Budgets (A6-0278/2009),

1.  Approves the conclusions of the Trialogue of 2 April 2009;

2.  Stresses that the agreement reached on the revision of the multiannual financial framework is the result of successful interinstitutional cooperation in responding to the financial and economic crisis that Member States are experiencing, through the promotion of solidarity in the energy resources field and the promotion of broadband in rural areas as well as the support to the agriculture sector;

3.  Recalls that with this agreement the Parliament, in its double capacity of legislative and budgetary authority, has protected its existing priorities, as it did during the 2008 budgetary procedure when an agreement on Galileo financing was reached;

4.  Agrees to the political compromise which provides for a compensation mechanism planned for the 2010 budgetary procedure, as well as - but only if necessary - for the 2011 budgetary procedure; recalls that, as stated in the Joint Declaration adopted by the European Parliament, the Council and the Commission during Trilogue on 2 April 2009, the compensation mechanism will be without prejudice to the financial envelopes of the co-decided programmes and the annual budgetary procedure and will be financed by using all budgetary means available in the budgetary legal framework;

5.  Reiterates that deficits and leftovers are still unresolved from the outcome of the negotiations of the IIA of 17 May 2006 and that these deficits should be addressed in the 2008-2009 mid-term review, as provided for in Declaration 3 of the IIA of 17 May 2006, as well as in the course of the annual budgetary procedures, if possible through more flexibility and in any case by all means foreseen by the IIA of 17 May 2006; recalls, as stated by Parliament in its unilateral declaration during Trilogue on 2 April 2009, that the Commission should take on board during the mid-term review process the principles laid down in its resolution adopted on 25 March 2009;

6.  Cautions against the regular use of margins under heading 2 to finance other headings, since this could jeopardise the interests of the agricultural sector, in light of unexpected decreases in market prices;

7.  Regrets that the agreement with the Council was reached only two months before the end of parliamentary term, leaving less space for the negotiations, and regrets that this put the institutions under pressure, even if in the usual climate of loyal cooperation;

8.  Approves the decision annexed to this resolution;

9.  Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

  10 Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 May 2009

amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework (2007-2013)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management(4), and in particular to Points 21, 22, first and second paragraphs, and 23 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)  At the trilogue meeting of 2 April 2009 the European Parliament, the Council and the Commission have agreed on the financing, in the framework of the European Economic Recovery Plan for modernisation of infrastructures and energy solidarity, of projects in the field of energy and broadband internet, as well as for strengthening operations related to the "new challenges" defined in the context of the assessment of the 2003 mid-term reform of the Common Agricultural Policy ("Health Check"). The financing requires, as a first step, a revision of the multiannual financial framework 2007-2013 in accordance with Points 21, 22, and 23 of the Interinstitutional Agreement, so as to raise the ceiling for the year 2009 for commitment appropriations under sub-heading 1a by an amount of EUR 2 000 000 000 in current prices.

(2)  The increase of the ceiling for sub-heading 1a will be fully offset by decreasing the ceiling for commitment appropriations under heading 2 for the year 2009 by EUR 2000 000 000.

(3)  In order to keep an appropriate relationship between commitments and payments, the annual ceilings for payment appropriations will be adjusted. The adjustment will be neutral.

(4)  Annex I of the Interinstitutional Agreement on budgetary discipline and sound financial management should therefore be amended accordingly(5),

HAVE DECIDED AS FOLLOWS:

Sole Article

Annex I to the Interinstitutional Agreement on budgetary discipline and sound financial management is replaced by the Annex to this Decision.

Done at Strasbourg on 6 May 2009,

For the European Parliament For the Council

The President The President

FINANCIAL FRAMEWORK 2007-2013 REVISED FOR EUROPEAN ECONOMIC RECOVERY PLAN (CONSTANT 2004 PRICES)

(EUR million - constant 2004 prices)

COMMITMENT APPROPRIATIONS

2007

2008

2009

2010

2011

2012

2013

Total

2007-2013

1. Sustainable growth

50 865

53 262

55 883

54 860

55 400

56 866

58 256

385 392

1a Competitiveness for growth and employment

8 404

9 595

12 021

11 000

11 306

12 122

12 914

77 362

1b Cohesion for growth and employment

42 461

43 667

43 862

43 860

44 094

44 744

45 342

308 030

2. Preservation and Management of Natural Resources

51 962

54 685

52 205

53 379

52 528

51 901

51 284

367 944

of which: market-related expenditure and direct payments

43 120

42 697

42 279

41 864

41 453

41 047

40 645

293 105

3. Citizenship, freedom, security and justice

1 199

1 258

1 380

1 503

1 645

1 797

1 988

10 770

3a Freedom, Security and Justice

600

690

790

910

1 050

1 200

1 390

6 630

3b Citizenship

599

568

590

593

595

597

598

4 140

4. EU as a global player

6 199

6 469

6 739

7 009

7 339

7 679

8 029

49 463

5. Administration(1)

6 633

6 818

6 973

7 111

7 255

7 400

7 610

49 800

6. Compensation

419

191

190

800

TOTAL COMMITMENT APPROPRIATIONS

117 277

122 683

123 370

123 862

124 167

125 643

127 167

864 169

as a percentage of GNI

1,08%

1,09%

1,07%

1,05%

1,03%

1,02%

1,01%

1,048%

TOTAL PAYMENT APPROPRIATIONS

115 142

119 805

110 439

119 126

116 552

120 145

119 391

820 600

as a percentage of GNI

1,06%

1,06%

0,96%

1,01%

0,97%

0,98%

0,95%

1,00%

Margin available

0,18%

0,18%

0,28%

0,23%

0,27%

0,26%

0,29%

0,24%

Own Resources Ceiling as a percentage of GNI

1,24%

1,24%

1,24%

1,24%

1,24%

1,24%

1,24%

1,24%

(1) The expenditure on pensions included under the ceiling for this heading is calculated net of the staff contributions to the relevant scheme, within the limit of EUR 500 million at 2004 prices for the period 2007-2013.

(1) OJ C 139, 14.6.2006, p. 1.
(2) Texts adopted, P6_TA(2009)0174.
(3) Texts adopted, P6_TA(2009)0095 and 0096.
(4) OJ C 139, 14.6.2006, p. 1.
(5) For that purpose, the figures resulting from the above agreement are converted into 2004 prices.


Draft amending budget No 4/2009
PDF 194kWORD 30k
European Parliament resolution of 6 May 2009 on Draft amending budget No 4/2009 of the European Union for the financial year 2009, Section III – Commission (9126/2009 – C6-0156/2009 – 2009/2039(BUD))
P6_TA(2009)0355A6-0281/2009

The European Parliament,

–   having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1), and particularly Articles 37 and 38,

–   having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008(2),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–   having regard to Preliminary draft amending budget No 4/2009 of the European Union for the financial year 2009, which the Commission presented on 8 April 2009 (SEC(2009)0496),

–   having regard to Draft amending budget No 4/2009, which the Council established on 27 April 2009 (9126/2009 – C6-0156/2009),

–   having regard to Rule 69 of and Annex IV to its Rules of Procedure,

–   having regard to the report of the Committee on Budgets (A6-0281/2009),

A.   whereas Draft amending budget No 4 to the general budget 2009 covers the revision of the ceilings of the multiannual financial framework for Headings 1a and 2,

B.   whereas the purpose of Draft amending budget No 4/2009 is to formally enter these budgetary adjustments into the 2009 budget,

1.  Takes note of Preliminary draft amending budget No 4/2009;

2.  Approves Draft amending budget No 4/2009 unamended;

3.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 69, 13.3.2009.
(3) OJ C 139, 14.6.2006, p. 1.


Draft amending budget No 5/2009
PDF 194kWORD 30k
European Parliament resolution of 6 May 2009 on Draft amending budget No 5/2009 of the European Union for the financial year 2009, Section III – Commission (9127/2009 – C6-0157/2009 – 2009/2040(BUD))
P6_TA(2009)0356A6-0282/2009

The European Parliament,

–   having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1), and particularly Articles 37 and 38,

–   having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008(2),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–   having regard to Preliminary draft amending budget No 5/2009 of the European Union for the financial year 2009, which the Commission presented on 15 April 2009 (COM(2009)0177),

–   having regard to Draft amending budget No 5/2009, which the Council established on 27 April 2009 (9127/2009 – C6-0157/2009),

–   having regard to Rule 69 of and Annex IV to its Rules of Procedure,

–   having regard to the report of the Committee on Budgets (A6-0282/2009),

A.   whereas Draft amending budget No 5 to the general budget 2009 covers the budgeting of the surplus resulting from the implementation of the budget for the year 2008,

B.   whereas the purpose of Draft amending budget No 5/2009 is to formally enter these budgetary adjustments into the 2009 budget,

1.  Takes note of Preliminary draft amending budget No 5/2009;

2.  Approves Draft amending budget No 5/2009 unamended;

3.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 69, 13.3.2009.
(3) OJ C 139, 14.6.2006, p. 1.


Energy labelling of televisions
PDF 116kWORD 37k
European Parliament resolution of 6 May 2009 on the draft Commission directive implementing and amending Council Directive 92/75/EEC with regard to energy labelling of televisions
P6_TA(2009)0357B6-0260/2009

The European Parliament,

–   having regard to Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances(1), and in particular Articles 9 and 12 thereof,

–   having regard to the draft Commission directive implementing and amending Council Directive 92/75/EEC with regard to energy labelling of televisions,

–   having regard to the opinion delivered on 30 March 2009 by the committee referred to in Article 10 of Directive 92/75/EEC,

–   having regard to the Commission Communication of 19 October 2006 entitled 'Action Plan for Energy Efficiency: Realising the Potential' (COM(2006)0545),

–   having regard to the Commission proposal of 13 November 2008 for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (COM(2008)0778),

–   having regard to its position of 5 May 2009 on the proposal for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (recast)(2),

–   having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(3),

–   having regard to Rule 81(2) and (4)(b) of its Rules of Procedure,

A.   whereas the main aim of Directive 92/75/EEC (the Framework Directive), as stated in Article 1 thereof, is to 'enable the harmonisation of national measures on the publication, particularly by means of labelling and of product information, of information on the consumption of energy and of other essential resources, and additional information concerning certain types of household appliances, thereby allowing consumers to choose more energy-efficient appliances',

B.   whereas the Framework Directive also states that 'the provision of accurate, relevant and comparable information on the specific energy consumption of household appliances may influence the public's choice in favour of those appliances which consume less energy',

C.   whereas, as pointed out in the Commission Impact Assessment accompanying the proposal for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (SEC(2008)2862), the original, successful A-G label has been followed as a model in different countries around the world, such as Brazil, China, Argentina, Chile, Iran, Israel and South Africa,

D.   whereas televisions are high energy consuming appliances and consequently there is considerable potential for saving energy by adding this category to the energy labelling scheme under Article 1(2) of the Framework Directive,

E.   whereas the energy labelling of televisions should be as consistent as possible with the established energy labelling schemes for other household appliances,

F.   whereas it is stated in the above-mentioned Commission Communication that 'the existing labelling classifications will be upgraded and re-scaled every 5 years or when new technological developments justify it, based on eco-design studies, with a view to reserve A-label status for the top 10-20 % best performing equipment',

G.   whereas it is essential for the successful implementation of the energy labelling scheme to introduce measures that will provide information on the energy efficiency of household appliances that is clear, comprehensive, comparable and easily understandable to the consumer,

H.   whereas the consumer purchasing of greater numbers of efficient appliances in place of less efficient appliances would increase the revenues of appliance manufacturers,

I.   whereas the draft Commission directive, in particular as regards the energy label design and energy efficiency classes, introduces another change by adding new A classes (A-20%, A-40%, A-60%, for example) which have the potential to confuse consumers further, to hamper their proper understanding of the energy labelling scheme and to undermine their ability to choose appliances with higher energy efficiency,

J.   whereas a small number of technical adjustments to the label could result in a label which would be much clearer and more understandable to consumers,

K.   whereas evidence shows that consumers find the A-G scale clear, but the Commission has not conducted any impact assessment to show whether A-20%, A-40%, A-60% alongside empty lower classes is helpful or misleading for consumers,

L.   whereas re-scaling the existing products in a closed A-G scale would, in particular, prevent the creation of empty lower classes that may mislead consumers,

M.   whereas the introduction of these additional efficiency classes on existing A-G labels, including for other products, is likely to add to confusion about whether class A represents an efficient or an inefficient product,

N.   whereas such a measure does not serve the aim of the basic instrument in providing accurate, relevant and comparable information to consumers,

O.   whereas the Commission has put forward its proposal for a recast of the Framework Directive which could introduce further changes that would have an effect on the proposed implementing measures,

1.  Opposes the adoption of the draft Commission directive implementing and amending Council Directive 92/75/EEC with regard to energy labelling of televisions;

2.  Considers that the draft Commission directive is not compatible with the aim of the basic instrument;

3.  Calls on the Commission to withdraw the draft directive and to submit a new one, based on a closed A-G scale, to the committee referred to in Article 10 of Directive 92/75/EEC as soon as possible, and in any case no later than 30 September 2009;

4.  Considers the label layout an essential element of the energy labelling directive, which should be decided as part of the revision and recast currently being considered under the codecision procedure.

5.  Instructs its President to forward this resolution to the Council and the Commission, and to the governments and the parliaments of the Member States.

(1) OJ L 297, 13.10.1992, p. 16.
(2) Texts adopted, P6_TA(2009)0345.
(3) OJ L 184, 17.7.1999, p. 23.


Non-State actors and local authorities in development
PDF 120kWORD 45k
European Parliament resolution of 6 May 2009 on the draft Commission decision establishing the 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects)
P6_TA(2009)0358B6-0285/2009

The European Parliament,

–   having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation(1), and in particular Article 14(1)(b) thereof,

–   having regard to the draft Commission decision establishing the 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01),

–   having regard to the opinion delivered on 15 April 2009 by the committee referred to in Article 35(1) of Regulation (EC) No 1905/2006 ('the Development Cooperation Instrument (DCI) management committee'),

–   having regard to the 'General Evaluation of Actions to Raise Public Awareness of Development Issues in Europe / Development Education' (EC Reference No 2007/146962. Final Report),

–   having regard to its resolution of 13 March 2008 on the challenge of EU development cooperation policy for the new Member States(2),

–   having regard to Article 8 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(3),

–   having regard to Rule 81 of its Rules of Procedure,

A.   whereas, on 15 April 2009, the DCI management committee voted by written procedure in favour of the draft 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01),

B.   whereas, pursuant to Article 7(3) of Decision 1999/468/EC and Article 1 of the Agreement of 3 June 2008 between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC, Parliament received the draft implementing measures submitted to the DCI management committee and the results of the voting,

C.   whereas Article 14(1)(b) of Regulation (EC) No 1905/2006 stipulates that one of the objectives of the thematic programme on non-State actors and local authorities in development is to 'increase the level of awareness of the European citizen regarding development issues and mobilise active public support in the Community and acceding countries for poverty reduction and sustainable development strategies in partner countries',

D.   whereas concerns were raised by 11 Member States in a 'Joint Statement of Member States on DCI Non-State Actors and Local Authorities', sent to the Commission on 19 March 2009, about the Commission's intention to stop the direct financing ('targeted projects' procedure) of the TRIALOG and DEEEP(4) projects, which has been ongoing since 1998 and 2003 respectively, and instead oblige them to participate in a 'call for proposals',

E.   whereas the 'Joint Statement' of the 11 Member States, including 9 'new' Member States, warns that the timing of the Commission's plan to discontinue direct support for TRIALOG and DEEEP is 'most inconvenient', 'taking into account the current financial situation in many of the 'new' Member States and the effects that it has on the NGOs' capability to function and to develop', and expressing concern that 'a gap in financing may occur which will harm these projects by causing the loss of qualified staff as well as know-how and already established networks',

F.   whereas similar concerns were raised by the Chairman of the Committee on Development in a letter of 19 March 2009, pointing out that 'information and capacity building in the field of development cooperation in the new Member States, and development education for the European public have been constant priorities for the committee', and requesting the Commission to provide Parliament 'with the objective and transparent criteria on which it decides which activities and projects qualify for direct financing', and further requesting that 'the implementation of this proposed measure be delayed by at least one year in order to avoid possible funding gaps and putting at risk the very survival of these very useful projects',

G.   whereas the above-mentioned 'General Evaluation of Actions to Raise Public Awareness of Development Issues in Europe / Development Education' concludes that 'the strategic use of targeted projects has helped to achieve the objectives of the "Co-financing with European Development NGOs" programme' and that 'DEEEP has been an important coordination mechanism for increasing dialogue, promoting exchanges of best practice and building networks and partnerships at EU level and between national platforms and the EU', and further that 'the contribution of TRIALOG in improving dialogue and building capacity in its work with new Member States and accession states has been effective',

H.   whereas the TRIALOG programme contributes to meeting the need, highlighted in Parliament's resolution of 13 March 2008 on the challenge of EU development cooperation policy for the new Member States, for an overall communication and education strategy to remedy the lack of public recognition of development cooperation priorities in the new Member States, and the DEEEP programme responds to its call for increased development education and awareness raising in European education mentioned in the same resolution,

I.   whereas, under the above-mentioned 2009 Annual Action Programme, the Commission also proposes to allocate a direct grant for a project on 'Strengthening Cuban Managerial Capabilities', to be implemented by the European Foundation of Management Development; whereas, under the DCI Thematic Programme for Non-State Actors and Local Authorities in Development, the targeted project procedure has never previously been used for activities in partner countries,

J.   whereas the Commission subsequently released an 'Explanatory note for the DCI NSA-LA committee'(5), in which it clarifies the selection criteria for targeted actions, explaining that these are based on Article 168 of the Implementing rules of the Financial Regulation(6), and that grants may, in particular, be awarded 'to bodies with a de jure or de facto monopoly' and 'for actions with specific characteristics that require a particular type of body on account of its technical competence, its high degree of specialisation or its administrative power',

1.  Opposes the adoption of the draft Commission decision establishing the 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01) in its current form;

2.  Requests the Commission to clarify the criteria for determining the existence of a 'de jure or de facto monopoly' situation, given that, in their 'Joint Statement', the 11 Member States mention that, from the perspective of the 'new' Member States, a 'de facto monopoly' situation still exists with respect to the Europe-wide activities carried out by Trialog and DEEEP;

3.  Insists on open, transparent and horizontal application of the criteria for awarding direct grants for targeted projects in order to ensure a level playing field for all; insists, therefore, that the same criteria be applied for Trialog, DEEEP and the project on 'Strengthening Cuban Managerial Capabilities';

4.  Insists that uninterrupted funding be assured, through a strategic, Europe-wide programme, for the valuable activities of promoting exchanges of best practice, and building networks and partnerships at EU level and between national platforms and the EU, and for improving dialogue and building capacity in the work with 'new' Member States and accession states;

5.  Invites the Commission to engage in a dialogue with Parliament in the context of its forthcoming review(7) of the system of calls for proposals for the Thematic Programmes; considers it to be inappropriate to anticipate any recommendations for modifications or improvements of the system that may result from the review; calls, therefore, for existing arrangements on directly funded actions to be left unchanged for a 12-month period, and for any future changes to reflect the outcome of the review process and to ensure long-term, predictable and sustainable development cooperation activities;

6.  Calls on the Commission to adapt its draft decision establishing the 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01) in order to include EU-wide projects for raising awareness of development issues in the enlarged EU and for development education exchange in the EU;

7.  Instructs its President to forward this resolution to the Council and the Commission, and the governments and parliaments of the Member States.

(1) OJ L 378, 27.12.2006, p. 41.
(2) Texts adopted, P6_TA(2008)0097.
(3) OJ L 184, 17.7.1999, p. 23.
(4) DEEEP: 'Development Education Exchange in Europe' - http://www.deeep.org/ TRIALOG: 'Development NGOs in the enlarged EU' - http://www.trialog.or.at/start.asp?ID=96
(5) AIDCO/F1/NC D(2009) of 6.4.2009 (D004766-01-EN-02).
(6) Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1).
(7) The 'Palermo II process'.


General revision of the Rules of Procedure
PDF 438kWORD 223k
European Parliament decision of 6 May 2009 on the general revision of Parliament's Rules of Procedure (2007/2124(REG))
P6_TA(2009)0359A6-0273/2009

The European Parliament,

–   having regard to Rules 201 and 202 of its Rules of Procedure,

–   having regard to the report of the Committee on Constitutional Affairs (A6-0273/2009),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Decides to insert the Code of Conduct for negotiating codecision files, as approved by its Conference of Presidents on 18 September 2008, into its Rules of Procedure as Annex XVIe;

3.  Decides that the amendments will enter into force on the first day of the seventh parliamentary term;

4.  Instructs its President to forward this decision to the Council and the Commission, for information.

Present text   Amendment
Amendment 1
Parliament's Rules of Procedure
Rule 9 – paragraph 1 – subparagraph 1
1.  Parliament may lay down rules governing the transparency of its Members' financial interests, which shall be attached to these Rules of Procedure as an annex.
1.  Parliament shall lay down rules governing the transparency of its Members' financial interests, which shall be attached to these Rules of Procedure as an annex.
Amendment 2
Parliament's Rules of Procedure
Rule 10 a (new)
Rule 10a
Observers
1.  Where a Treaty on the accession of a State to the European Union has been signed, the President, after obtaining the agreement of the Conference of Presidents, may invite the parliament of the acceding State to designate from among its own members a number of observers equal to the number of future seats in the European Parliament allocated to that State.
2.  Those observers shall take part in the proceedings of Parliament pending the entry into force of the Treaty of Accession, and shall have a right to speak in committees and political groups. They shall not have the right to vote or to stand for election to positions within Parliament. Their participation shall not have any legal effect on Parliament's proceedings.
3.  Their treatment shall be assimilated to that of a Member of Parliament as regards the use of Parliament's facilities and the reimbursement of expenses incurred in their activities as observers.
Amendment 51
Parliament's Rules of Procedure
Rule 11
Oldest Member
Provisional Chair
1.  At the sitting provided for under Rule 127(2), and at any other sitting held for the purpose of electing the President and the Bureau, the oldest Member present shall take the Chair until the President has been elected.
1.  At the sitting provided for under Rule 127(2), and at any other sitting held for the purpose of electing the President and the Bureau, the outgoing President or, failing him or her, one of the outgoing Vice-Presidents in order of precedence or, in the absence of any of them, the Member having held office for the longest period shall take the Chair until the President has been elected.
2.  No business shall be transacted while the oldest Member is in the Chair unless it is concerned with the election of the President or the verification of credentials.
2.  No business shall be transacted while a Member is provisionally in the Chair by virtue of paragraph 1 unless it is concerned with the election of the President or the verification of credentials.
Theoldest Member shall exercise the powers of the President referred to in the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials that is raised whenthe oldest Member is in the Chair shall be referred to the committee responsible for the verification of credentials.
The Memberwho is provisionally in the Chair by virtue of paragraph 1shall exercise the powers of the President referred to in the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials that is raised when he or sheis in the Chair shall be referred to the committee responsible for the verification of credentials.
Amendment 52
Parliament's Rules of Procedure
Rule 13
1.  The President shall be elected first. Nominations shall be handed before each ballot to the oldest Member, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the elder candidate shall be declared elected.
1.  The President shall be elected first. Nominations shall be handed before each ballot to the Member provisionally in the Chair by virtue of Rule 11, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the elder candidate shall be declared elected.
2.  As soon as the President has been elected, the oldest Member shall vacate the Chair. Only the elected President may deliver an opening address.
2.  As soon as the President has been elected, the Member who is provisionally in the Chair by virtue of Rule 11 shall vacate the Chair. Only the elected President may deliver an opening address.
Amendment 3
Parliament's Rules of Procedure
Rule 24 – paragraph 4 a (new)
4a.  The Conference of Presidents shall be responsible for organising structured consultation with European civil society on major topics. This may include the organisation of public debates, open to participation by interested citizens, on subjects of general European interest. The Bureau shall appoint a Vice-President responsible for the implementation of such consultations, who shall report back to the Conference of Presidents.
Amendment 4
Parliament's Rules of Procedure
Rule 28 – paragraph 2
2.  Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing and published in the Bulletin of Parliament within thirty days of tabling, together with the answers given.
2.  Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing, notified to Members and published on Parliament's website within thirty days of tabling, together with the answers given.
Amendment 5
Parliament's Rules of Procedure
Rule 30 a (new)
Rule 30a
Intergroups
1.  Individual Members may form Intergroups or other unofficial groupings of Members, to hold informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and to promote contact between Members and civil society.
2.  Such groupings may not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. Provided that the conditions laid down in rules governing their establishment adopted by the Bureau are respected, political groups may facilitate their activities by providing them with logistical support. Such groupings shall declare any external support in accordance with Annex I.
Amendment 6
Parliament's Rules of Procedure
Rule 36 – paragraph 1
1.  Without prejudice to Rule 40, the committee responsible shall verify the financial compatibility of any Commission proposal, or any other document of a legislative nature, with the Financial Perspective.
1.  Without prejudice to Rule 40, the committee responsible shall verify the financial compatibility of any Commission proposal, or any other document of a legislative nature, with the multiannual financial framework.
(Horizontal amendment: the words "Financial Perspective" shall be replaced throughout the entire text of the Rules of Procedure by the words "multiannual financial framework".)
Amendment 7
Parliament's Rules of Procedure
Rule 39 – paragraph 1
1.  Parliament may request the Commission, pursuant to Article 192, second paragraph, of the EC Treaty, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted by a majority of the component Members of Parliament. Parliament may, at the same time, fix a deadline for the submission of such a proposal.
1.  Parliament may request the Commission, pursuant to Article 192, second paragraph, of the EC Treaty, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted by a majority of the component Members of Parliament in the final vote. Parliament may, at the same time, fix a deadline for the submission of such a proposal.
Amendment 8
Parliament's Rules of Procedure
Rule 45 – paragraph 2
2.  Motions for resolutions contained in own-initiative reports shall be examined by Parliament pursuant to the short presentation procedure set out in Rule 131a. Amendments to such motions for resolutions shall not be admissible for consideration in plenary unless tabled by the rapporteur to take account of new information, but alternative motions for resolutions may be tabled in accordance with Rule 151(4). This paragraph shall not apply where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 38a or 39, or where the report can be considered a strategic report according to the criteria set out by the Conference of Presidents.
2.  Motions for resolutions contained in own-initiative reports shall be examined by Parliament pursuant to the short presentation procedure set out in Rule 131a. Amendments to such motions for resolutions shall only be admissible for consideration in plenary if tabled by the rapporteur to take account of new information or by at least one-tenth of the Members of Parliament. Political groups may table alternative motions for resolutions in accordance with Rule 151(4). This paragraph shall not apply where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 38a or 39, or where the report can be considered a strategic report according to the criteria set out by the Conference of Presidents.
Amendment 9
Parliament's Rules of Procedure
Rule 47 – indent 3
– the chairs, rapporteur and rapporteurs for opinions concerned shall endeavour to jointly identify areas of the text falling within their exclusive or joint competences and agree on the precise arrangements for their cooperation;
– the chairs, rapporteur and rapporteurs for opinions concerned shall jointly identify areas of the text falling within their exclusive or joint competences and agree on the precise arrangements for their cooperation. In the event of disagreement about the delimitation of competences the matter shall be submitted, at the request of one of the committees involved, to the Conference of Presidents, which may decide on the question of the respective competences or decide that the procedure with joint committee meetings pursuant to Rule 47a is to apply; the second and third sentences of Rule 179(2) shall apply mutatis mutandis;
Amendment 10
Parliament's Rules of Procedure
Rule 47 – indent 4
– the committee responsible shall accept without a vote amendments from an associated committee where they concern matters which the chair of the committee responsible considers, on the basis of Annex VI, after consulting the chair of the associated committee, to fall under the exclusive competence of the associated committee and which do not contradict other elements of the report. The chair of the committee responsible shall take account of any agreement reached under the third indent;
– the committee responsible shall accept without a vote amendments from an associated committee where they concern matters which fall within the exclusive competence of the associated committee. If amendments on matters which fall within the joint competence of the committee responsible and an associated committee are rejected by the former, the latter may table those amendments directly to Parliament;
Amendment 11
Parliament's Rules of Procedure
Rule 47 a (new)
Rule 47a
Procedure with joint committee meetings
Where the conditions set out in Rule 46(1) and Rule 47 are satisfied, the Conference of Presidents may, if it is satisfied that the matter is of major importance, decide that a procedure with joint meetings of committees and a joint vote is to be applied. In that event, the respective rapporteurs shall draw up a single draft report, which shall be examined and voted on by the committees involved at joint meetings held under the joint chairmanship of the committee chairs concerned. The committees involved may set up inter-committee working groups to prepare the joint meetings and votes.
Amendment 12
Parliament's Rules of Procedure
Rule 51 – paragraph 2 – subparagraph 2
The consultation procedure is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible.
The first reading is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible.
Amendment 13
Parliament's Rules of Procedure
Rule 51 – paragraph 3
3.  The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and Commission by the President as Parliament's opinion.
3.  The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and Commission by the President as Parliament's position.
(Horizontal amendment: in all provisions relating to the codecision procedure, the words 'Parliament's opinion' shall be replaced throughout the entire text of the Rules of Procedure by 'Parliament's position'.)
Amendment 14
Parliament's Rules of Procedure
Rule 52 – paragraph 1
1.  If a Commission proposal fails to secure a majority of the votes cast, the President shall, before Parliament votes on the draft legislative resolution, request the Commission to withdraw the proposal.
1.  If a Commission proposal fails to secure a majority of the votes cast or if a motion for its rejection, which may be tabled by the committee responsible or by at least forty Members, has been adopted, the President shall, before Parliament votes on the draft legislative resolution, request the Commission to withdraw the proposal.
Amendment 15
Parliament's Rules of Procedure
Rule 52 – paragraph 2
2.  If the Commission does so, the President shall hold the consultation procedure on the proposal to be superfluous and shall inform the Council accordingly.
2.  If the Commission does so, the President shall declare the procedure closed and shall inform the Council accordingly.
Amendment 16
Parliament's Rules of Procedure
Rule 52 – paragraph 3
3.  If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible without voting on the draft legislative resolution.
3.  If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible without voting on the draft legislative resolution, unless Parliament, on a proposal of the chair or rapporteur of the committee responsible or of a political group or at least forty Members, proceeds to vote on the draft legislative resolution.
In this case, the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.
In the event of referral back, the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months.
Amendment 59
Parliament's Rules of Procedure
Rule 65 a (new) (to be introduced under Chapter 6: Conclusion of the Legislative Procedure)
Rule 65a
Interinstitutional negotiations in legislative procedures
1.  Negotiations with the other institutions aimed at reaching an agreement in the course of a legislative procedure shall be conducted having regard to the Code of Conduct for negotiating in the context of codecision procedures (Annex XVIe).
2.  Before entering into such negotiations, the committee responsible should, in principle, take a decision by a majority of its members and adopt a mandate, orientations or priorities.
3.  If the negotiations lead to a compromise with the Council following the adoption of the report by the committee, the committee shall in any case be reconsulted before the vote in plenary.
Amendment 18
Parliament's Rules of Procedure
Rule 66
1.  Where, pursuant to Article 251(2) of the EC Treaty, the Council has informed Parliament that it has approved its amendments, but not otherwise amended the Commission proposal, or neither institution has amended the Commission proposal, the President shall announce in Parliament that the proposal has been finally adopted.
Where, pursuant to Article 251(2) of the EC Treaty, the Council has informed Parliament that it has approved Parliament's position, the President, subject to finalisation in accordance with Rule 172a, shall announce in Parliament that the proposal has been adopted in the wording which corresponds to the position of Parliament.
2.  Before making this announcement, the President shall verify that any technical adaptations made by the Council to the proposal do not affect the substance. In case of doubt, he shall consult the committee responsible. If any changes made are considered to be substantive, the President shall inform the Council that Parliament will proceed to a second reading as soon as the conditions laid down in Rule 57 are fulfilled.
3.  After making the announcement referred to in paragraph 1, the President shall, with the President of the Council, sign the proposed act and arrange for its publication in the Official Journal of the European Union, in accordance with Rule 68.
Amendment 19
Parliament's Rules of Procedure
Rule 68 – title
Signature of adopted acts
Requirements for the drafting of legislative acts
Amendment 20
Parliament's Rules of Procedure
Rule 68 – paragraph 1
1.  The text of acts adopted jointly by Parliament and the Council shall be signed by the President and by the Secretary-General, once it has been verified that all the procedures have been duly completed.
deleted
Amendment 21
Parliament's Rules of Procedure
Rule 68 – paragraph 7
7.  The acts referred to above shall be published in the Official Journal of the European Union by the Secretaries-General of Parliament and the Council.
deleted
Amendment 22
Parliament's Rules of Procedure
Rule 68 a (new) (to be introduced in Chapter 6: Conclusion of the Legislative Procedure)
Rule 68a
Signature of adopted acts
After finalisation of the text adopted in accordance with Rule 172a and once it has been verified that all the procedures have been duly completed, acts adopted in accordance with the procedure laid down in Article 251 of the EC Treaty shall be signed by the President and the Secretary-General and shall be published in the Official Journal of the European Union by the Secretaries-General of the Parliament and of the Council.
Amendment 68
Parliament's Rules of Procedure
Rule 80 a – paragraph 3 – subparagraph 3
However, amendments to the parts which have remained unchanged may be admitted by way of exception and on a case-by-case basis by the chair of the above committee if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.
However, if in accordance with point 8 of the Interinstitutional Agreement the committee responsible intends also to submit amendments to the codified parts of the Commission proposal, it shall immediately notify its intention to the Council and to the Commission, and the latter should inform the committee, prior to the vote pursuant to Rule 50, of its position on the amendments and whether or not it intends to withdraw the recast proposal.
Amendment 23
Parliament's Rules of Procedure
Rule 83 – paragraph 1
1.  When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, the committee responsible shall ensure that Parliament is fully informed by the Commission about its recommendations for a negotiating mandate, if necessary on a confidential basis.
1.  When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, the committee responsible may decide to draw up a report or otherwise monitor the procedure and inform the Conference of Committee Chairs of that decision. Where appropriate, other committees may be asked for an opinion pursuant to Rule 46(1). Rules 179(2), 47 or 47a shall apply where appropriate.
The chairs and rapporteurs of the committee responsible and, as the case may be, of the associated committees shall jointly take appropriate action to ensure that the Commission provides Parliament with full information about the recommendations for a negotiating mandate, if necessary on a confidential basis, as well as with the information referred to in paragraphs 3 and 4.
Amendment 24
Parliament's Rules of Procedure
Rule 83 – paragraph 6 a (new)
6a.  Before the vote on the assent is taken, the committee responsible, a political group or at least one-tenth of the Members may propose that Parliament seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties. If Parliament approves such a proposal, the vote on the assent shall be adjourned until the Court has delivered its opinion.
Amendment 25
Parliament's Rules of Procedure
Rule 97 – paragraph 3
3.  Parliament shall establish a register of Parliament documents. Legislative documents and other documents as indicated in an Annex to these Rules shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register. References for other Parliament documents shall as far as possible be included in the register.
3.  Parliament shall establish a register of Parliament documents. Legislative documents and certain other categories of documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register. References for other Parliament documents shall as far as possible be included in the register.
Categories of documents which are directly accessible shall be set out in a list adopted by Parliament and annexed to these Rules. This list shall not restrict the right of access to documents not falling under the categories listed.
Categories of documents which are directly accessible shall be set out in a list adopted by the Bureau and published on Parliament's website. This list shall not restrict the right of access to documents not falling under the categories listed; those documents shall be made available on written application.
Parliament documents which are not directly accessible through the register shall be made available on written application.
The Bureau may adopt rules, in conformity with Regulation (EC) No 1049/2001, laying down arrangements for access which shall be published in the Official Journal of the European Union.
The Bureau may adopt rules, in conformity with Regulation (EC) No 1049/2001, laying down arrangements for access which shall be published in the Official Journal of the European Union.
(Annex XV is deleted)
Amendment 26
Parliament's Rules of Procedure
Rule 103 – paragraph 1
1.  Members of the Commission, Council and European Council may at any time ask the President for permission to make a statement. The President shall decide when the statement may be made and whether it is to be followed by a full debate or by thirty minutes of brief and concise questions from Members.
1.  Members of the Commission, Council and European Council may at any time ask the President of Parliament for permission to make a statement. The President of the European Council shall make a statement after every meeting thereof. The President of Parliament shall decide when the statement may be made and whether it is to be followed by a full debate or by thirty minutes of brief and concise questions from Members.
Amendment 60
Parliament's Rules of Procedure
Rule 116 – paragraph 1
1.  Up to five Members may submit a written declaration of not more than 200 words on a matter falling within the sphere of activities of the European Union. Written declarations shall be printed in the official languages and distributed. They shall be included with the names of the signatories in a register. This register shall be public and shall be maintained outside the entrance to the Chamber during part-sessions and between part-sessions in an appropriate location to be determined by the College of Quaestors.
1.  Up to five Members may submit a written declaration of not more than 200 words on a matter within the competences of the European Union and which does not cover issues that are the subject of an ongoing current legislative process. Authorisation shall be given by the President on a case-by-case basis. Written declarations shall be printed in the official languages and distributed. They shall be included with the names of the signatories in a register. This register shall be public and shall be maintained outside the entrance to the Chamber during part-sessions and between part-sessions in an appropriate location to be determined by the College of Quaestors.
Amendment 27
Parliament's Rules of Procedure
Rule 116 – paragraph 3
3.  Where a declaration is signed by the majority of Parliament's component Members, the President shall notify Parliament accordingly and publish the names of the signatories in the minutes.
3.  Where a declaration is signed by the majority of Parliament's component Members, the President shall notify Parliament accordingly and publish the names of the signatories in the minutes and the declaration as a text adopted.
Amendment 28
Parliament's Rules of Procedure
Rule 116 – paragraph 4
4.   Such a declaration shall, at the end of the part-session, be forwarded to the institutions named therein together with the names of the signatories. It shall be included in the minutes of the sitting at which it is announced. Publication in the minutes shall close the procedure.
4.  The procedure shall be closed by the transmission to the addressees, at the end of the part-session, of the declaration, together with the names of the signatories.
Amendment 29
Parliament's Rules of Procedure
Rule 131 a
At the request of the rapporteur or on a proposal of the Conference of Presidents, Parliament may also decide that an item not needing a full debate be dealt with by means of a short presentation in plenary by the rapporteur. In that event, the Commission shall have the opportunity to intervene and any Member shall have the right to react by handing in an additional written statement pursuant to Rule 142(7).
At the request of the rapporteur or on a proposal of the Conference of Presidents, Parliament may also decide that an item not needing a full debate be dealt with by means of a short presentation in plenary by the rapporteur. In that event, the Commission shall have the opportunity to respond, followed by up to ten minutes of debate in which the President may give the floor, for up to one minute each, to Members who catch his eye.
Amendments 30 and 66
Parliament's Rules of Procedure
Rule 142
Allocation of speaking time
Allocation of speaking time and list of speakers
1.  The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate.
1.  The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate.
1a.  Members may not speak unless called upon to do so by the President. Members shall speak from their places and shall address the President. If speakers depart from the subject, the President shall call them to order.
1b.  The President may draw up, for the first part of a particular debate, a list of speakers that includes one or more rounds of speakers from each political group wishing to speak, in the order of their size, and one non-attached Member.
2.  Speaking time shall be allocated in accordance with the following criteria:
2.  Speaking time for this part of a debate shall be allocated in accordance with the following criteria:
(a) a first fraction of speaking time shall be divided equally among all the political groups;
(a) a first fraction of speaking time shall be divided equally among all the political groups;
(b) a further fraction shall be divided among the political groups in proportion to the total number of their members;
(b) a further fraction shall be divided among the political groups in proportion to the total number of their members;
(c) the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under subparagraphs (a) and (b).
(c) the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under subparagraphs (a) and (b).
3.  Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected.
3.  Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected.
3a.  The remaining part of the time for a debate shall not be specifically allocated in advance. Instead, the President shall call on Members to speak, as a general rule for no more than one minute. The President shall ensure – as far as possible – that speakers holding different political views and from different Member States are heard in turn.
3b.  On request priority may be given to the chair or rapporteur of the committee responsible and to the chairs of political groups who wish to speak on their behalf, or to speakers deputising for them.
3c.  The President may give the floor to Members who indicate, by raising a blue card, their wish to put to another Member, during that Member's speech, a question of no longer than half a minute's duration, where the speaker agrees and where the President is satisfied that this will not lead to a disruption of the debate.
4.  No Member may speak for more than one minute on any of the following: the minutes, procedural motions, amendments to the final draft agenda or to the agenda.
4.  No Member may speak for more than one minute on any of the following: the minutes of the sitting, procedural motions, amendments to the final draft agenda or to the agenda.
4a.  Without prejudice to his other disciplinary powers, the President may cause to be deleted from the verbatim reports of debates of sittings the speeches of Members who have not been called upon to speak or who continue to speak beyond the time allotted to them.
5.  The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular to respond to the statements made by Members.
5.  The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular to respond to the statements made by Members.
6.  Without prejudice to Article 197 of the EC Treaty, the President shall seek to reach an understanding with the Commission and Council on appropriate allocation of speaking time for them.
6.  Without prejudice to Article 197 of the EC Treaty, the President shall seek to reach an understanding with the Commission and Council on appropriate allocation of speaking time for them.
7.  Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words that shall be appended to the verbatim report of the debate.
7.  Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words that shall be appended to the verbatim report of the debate.
(Rules 141 and 143 fall)
Amendment 32
Parliament's Rules of Procedure
Rule 150 – paragraph 6 – subparagraph 2 a (new)
Where fewer than one hundred Members are present, Parliament may not decide otherwise if at least one tenth of the Members present object.
Amendment 33
Parliament's Rules of Procedure
Rule 156
When over fifty amendments have been tabled to a report for consideration in Parliament, the President may, after consulting its chair, request the committee responsible to meet to consider the amendments. Any amendment not receiving favourable votes at this stage from at least one-tenth of the members of the committee shall not be put to the vote in Parliament.
When more than fifty amendments and requests for a split or separate vote have been tabled to a report for consideration in Parliament, the President may, after consulting its chair, request the committee responsible to meet to consider those amendments or requests. Any amendment or request for a split or separate vote not receiving favourable votes at this stage from at least one-tenth of the members of the committee shall not be put to the vote in Parliament.
Amendment 34
Parliament's Rules of Procedure
Rule 157 – paragraph 1
1.  Where the text to be put to the vote contains two or more provisions or references to two or more points or lends itself to division into two or more parts each with a distinct logical meaning and normative value, a split vote may be requested by a political group or at least forty Members.
1.  Where the text to be put to the vote contains two or more provisions or references to two or more points or lends itself to division into two or more parts having a distinct meaning and/or normative value, a split vote may be requested by a political group or at least forty Members.
Amendment 35
Parliament's Rules of Procedure
Rule 159 a (new)
Rule 159a
Final vote
When voting on any legislative proposal, whether by way of a single and/or final vote, Parliament shall vote by roll call using the electronic voting system.
Amendment 36
Parliament's Rules of Procedure
Rule 160 – paragraph 1
1.  In addition to the cases provided for under Rules 99(4) and 100(5), the vote shall be taken by roll call if so requested in writing by a political group or at least forty Members the evening before the vote unless the President sets a different deadline.
1.  In addition to the cases provided for under Rules 99(4), 100(5) and 159a, the vote shall be taken by roll call if so requested in writing by a political group or at least forty Members the evening before the vote unless the President sets a different deadline.
Amendment 37
Parliament's Rules of Procedure
Rule 160 – paragraph 2 – subparagraph 1
2.  The roll shall be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote.
2.  The roll call vote shall be taken using the electronic voting system. Where the latter cannot be used for technical reasons, the roll shall be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote.
Amendment 38
Parliament's Rules of Procedure
Rule 162 – paragraph 4 – subparagraph 1
4.  Between two and six Members chosen by lot shall count the votes cast in a secret ballot.
4.  Between two and eight Members chosen by lot shall count the votes cast in a secret ballot, unless an electronic vote is taken.
Amendment 39
Parliament's Rules of Procedure
Rule 172
1.  The minutes of each sitting, containing the decisions of Parliament and the names of speakers, shall be distributed at least half an hour before the beginning of the afternoon period of the next sitting.
1.  The minutes of each sitting, detailing the proceedings and the decisions of Parliament and the names of speakers, shall be distributed at least half an hour before the beginning of the afternoon period of the next sitting.
In the context of legislative proceedings, any amendments adopted by Parliament are also deemed to be decisions within the meaning of this paragraph, even if the relevant Commission proposal or the Council's commonposition is ultimately rejected, pursuant to Rule 52(1) or Rule 61(3) respectively.
In the context of legislative proceedings, any amendments adopted by Parliament are also deemed to be decisions within the meaning of this Rule, even if the relevant Commission proposal or the Council's position is ultimately rejected, pursuant to Rule 52(1) or Rule 61(3) respectively.
The texts adopted by Parliament shall be distributed separately. Where legislative texts adopted by Parliament contain amendments, they shall be published in a consolidated version.
2.  At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting.
2.  At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting.
3.  If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be considered. No Member may speak on the minutes for more than one minute.
3.  If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be considered. No Member may speak on the subject for more than one minute.
4.  The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published within one month in the Official Journal of the European Union.
4.  The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published in the Official Journal of the European Union.
Amendment 40
Parliament's Rules of Procedure
Rule 172 a (new)
Rule 172a
Texts adopted
1.  Texts adopted by Parliament shall be published immediately after the vote. They shall be placed before Parliament in conjunction with the minutes of the relevant sitting and be preserved in the records of Parliament.
2.  Texts adopted by Parliament shall be subject to legal-linguistic finalisation under the responsibility of the President. Where such texts are adopted on the basis of an agreement reached between Parliament and the Council, such finalisation shall be carried out by the two institutions acting in close cooperation and by mutual agreement.
3.  The procedure laid down in Rule 204a shall apply where, in order to ensure the coherence and the quality of the text in accordance with the will expressed by Parliament, adaptations are required which go beyond corrections of typological errors or corrections necessary to ensure the concordance of all language versions as well as their linguistic correctness and terminological consistency.
4.  The texts adopted by Parliament under the procedure laid down in Article 251 of the EC Treaty shall take the form of a consolidated text. Where Parliament's vote was not based on an agreement with the Council, the consolidated text shall identify any amendments adopted.
5.  After finalisation, the texts adopted shall be signed by the President and the Secretary-General and shall be published in the Official Journal.
Amendment 41
Parliament's Rules of Procedure
Rule 175
Setting up of temporary committees
Setting up of special committees
On a proposal from the Conference of Presidents, Parliament may at any time set up temporary committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry.
On a proposal from the Conference of Presidents, Parliament may at any time set up special committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry.
As the powers, composition and term of office of temporary committees are decided at the same time as these committees are set up, Parliament cannot subsequently decide to alter their powers either by increasing or reducing them.
As the powers, composition and term of office of special committees are decided at the same time as these committees are set up, Parliament cannot subsequently decide to alter their powers either by increasing or reducing them.
Amendment 42
Parliament's Rules of Procedure
Rule 177 – paragraph 1 – interpretation (new)
The proportionality among political groups must not depart from the nearest appropriate whole number. If a group decides not to take seats on a committee, the seats in question shall remain vacant and the committee shall be reduced in size by the corresponding number. Exchange of seats between political groups may not be allowed.
Amendment 43
Parliament's Rules of Procedure
Rule 179 – paragraph 2
2.  Should a standing committee declare itself not competent to consider a question, or should a conflict arise over the competence of two or more standing committees, the question of competence shall be referred to the Conference of Presidents within four working weeks of the announcement in Parliament of referral to committee. The Conference of Committee Chairs shall be notified and may make a recommendation to the Conference of Presidents. The Conference of Presidents shall take a decision within six working weeks of the referral of the question of competence. Otherwise the question shall be included for a decision on the agenda for the subsequent part-session.
2.  Should a standing committee declare itself not competent to consider a question, or should a conflict arise over the competence of two or more standing committees, the question of competence shall be referred to the Conference of Presidents within four working weeks of the announcement in Parliament of referral to committee. The Conference of Presidents shall take a decision within six weeks on the basis of a recommendation from the Conference of Committee Chairs, or, if no such recommendation is forthcoming, from its chair. If the Conference of Presidents fails to take a decision within that period, the recommendation shall be deemed to have been approved.
Amendment 44
Parliament's Rules of Procedure
Rule 179 – paragraph 2 – interpretation (new)
The committee chairs may enter into agreements with other committee chairs concerning the allocation of an item to a particular committee, subject, where necessary, to the authorisation of a procedure with associated committees under Rule 47.
Amendment 45
Parliament's Rules of Procedure
Rule 182 a (new)
Rule 182a
Committee coordinators and shadow rapporteurs
1.  The political groups may designate one of their members as coordinator.
2.  The committee coordinators shall where necessary be convened by the chair to prepare decisions to be taken by the committee, in particular decisions on procedure and the appointment of rapporteurs. The committee may delegate the power to take certain decisions to the coordinators, with the exception of decisions concerning the adoption of reports, opinions or amendments. The vice-chairs may be invited to participate in the meetings of committee coordinators in a consultative role. The coordinators shall endeavour to find consensus. When consensus cannot be found, they may act only by a majority that clearly represents a large majority of the committee, having regard to the respective strengths of the various groups.
3.  The political groups may for each report designate a shadow rapporteur to follow the progress of the relevant report and find compromises within the committee on behalf of the group. Their names shall be communicated to the chair. The committee, on a proposal from the coordinators, may in particular decide to involve the shadow rapporteurs in seeking an agreement with the Council in codecision procedures.
Amendment 46
Parliament's Rules of Procedure
Rule 184
The minutes of each meeting of a committee shall be distributed to all its members and submitted to the committee for its approval at its next meeting.
The minutes of each meeting of a committee shall be distributed to all its members and submitted to the committee for its approval.
Amendment 47
Parliament's Rules of Procedure
Rule 186
Rules 11, 12, 13, 16, 17, 140, 141, 143(1), 146, 148, 150 to 153, 155, 157(1), 158, 159, 161, 162, 164 to 167, 170 and 171 shall apply mutatis mutandis to committee meetings.
Rules 11, 12, 13, 16, 17, 34 to 41, 140, 141, 143(1), 146, 148, 150 to 153, 155, 157(1), 158, 159, 161, 162, 164 to 167, 170 and 171 shall apply mutatis mutandis to committee meetings.
Amendment 48
Parliament's Rules of Procedure
Rule 188 – paragraph 6 a (new)
6a.  The chair of a delegation shall be given an opportunity to be heard by a committee when a point is on the agenda which touches on the field of responsibility of the delegation. The same shall apply at meetings of a delegation to the chair or rapporteur of that committee.
Amendment 49
Parliament's Rules of Procedure
Rule 192 – paragraph 1 a (new)
1a.  Where the report deals with, in particular, the application or interpretation of the law of the European Union, or proposed changes to existing law, the committee responsible for the subject-matter shall be associated in accordance with Rule 46(1) and the first and second indents of Rule 47. The committee responsible shall accept without a vote suggestions for parts of the motion for a resolution received from the committee responsible for the subject-matter which deal with the application or interpretation of the law of the European Union or changes to existing law. If the committee responsible does not accept such suggestions, the associated committee may table them directly to Parliament.
Amendment 50
Parliament's Rules of Procedure
Rule 204 – point c a (new)
(ca) guidelines and codes of conduct adopted by the relevant bodies of Parliament (Annexes XVIa, XVIb and XVIe).

Electronic communications networks, personal data and the protection of privacy ***II
PDF 203kWORD 64k
Resolution
Text
Annex
European Parliament legislative resolution of 6 May 2009 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users" rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (16497/1/2008 – C6-0068/2009 – 2007/0248(COD))
P6_TA(2009)0360A6-0257/2009
CORRIGENDA

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16497/1/2008 – C6-0068/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0698),

–   having regard to the amended Commission proposal (COM(2008)0723),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0257/2009),

1.  Approves the common position as amended;

2.  Takes note of the Commission statements annexed to this resolution;

3.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at second reading on 6 May 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws

P6_TC2-COD(2007)0248


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2009/136/EC.)

ANNEX

Commission declaration on universal service

Recital (3a) - Universal Service

The Commission takes note of the text of recital (3a) agreed by the European Parliament and the Council.

The Commission wishes in this context to reaffirm that, as stated in its Communication COM (2008)0572 of 25 September 2008 on the scope of universal service in electronic communications networks and services, it will in the course of 2009 promote an extensive debate at EU level that will examine a wide range of alternative approaches and allow all interested parties to express their views.

The Commission will summarise the debate in a Communication addressed to the European Parliament and Council and will bring forward by 1 May 2010 such proposals in regard to the Universal Service Directive as may be necessary.

Commission declaration on data breach notification

Article 2(h) and 4(3) - ePrivacy Directive

The reform of the Regulatory Framework for Electronic Communications introduces a new concept to EU data protection and privacy rules: a mandatory notification of personal data breaches by providers of electronic communications services and networks. It is an important step towards enhanced security and privacy protection, although at this stage it remains limited to the electronic communications sector.

The Commission takes note of the will of the European Parliament that an obligation to notify personal data breaches should not be limited to the electronic communications sector but also apply to entities such as providers of information society services. Such an approach would be fully aligned with the overall public policy goal of enhancing the protection of EU citizens" personal data, and their ability to take action in the event of such data being compromised.

In this context, the Commission wishes to reaffirm its view, as stated in the course of the negotiations on the reform of the Regulatory Framework, that the obligation for providers of publicly available electronic communications services to notify personal data breaches makes it appropriate to extend the debate to generally applicable breach notification requirements.

The Commission will, therefore, without delay initiate the appropriate preparatory work, including consultation with stakeholders, with a view to presenting proposals in this area, as appropriate, by the end of 2011. In addition, the Commission will consult with the European Data Protection Supervisor on the potential for the application, with immediate effect, in other sectors of the principles embodied in the data breach notification rules in Directive 2002/58/EC, regardless of the sector or type of data concerned.

(1) Texts adopted, 24.9.2008, P6_TA(2008)0452.


Electronic communications networks and services ***II
PDF 621kWORD 269k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 6 May 2009 on the Council common position for adopting a directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services (16496/1/2008 – C6-0066/2009 – 2007/0247(COD))
P6_TA(2009)0361A6-0272/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16496/1/2008 – C6-0066/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0697),

–   having regard to the amended Commission proposal (COM(2008)0724),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0272/2009),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at second reading on 6 May 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services

P6_TC2-COD(2007)0247


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee(2),

Having regard to the Opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1)  The functioning of the five directives comprising the existing EU regulatory framework for electronic communications networks and services (Directive 2002/21/EC (Framework Directive)(5), Directive 2002/19/EC (Access Directive)(6), Directive 2002/20/EC (Authorisation Directive)(7), Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)(8), and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)(9) (together referred to as "the Framework Directive and the Specific Directives") is subject to periodic review by the Commission, with a view in particular to determining the need for modification in the light of technological and market developments.

(2)  In that regard, the Commission presented its initial findings in its Communication of 29 June 2006 on the review of the EU regulatory framework for electronic communications networks and services. On the basis of these initial findings, a public consultation was held, which identified the continued lack of an internal market for electronic communications as the most important aspect needing to be addressed. In particular, regulatory fragmentation and inconsistencies between the activities of the national regulatory authorities were found to jeopardise not only the competitiveness of the sector, but also the substantial consumer benefits from cross-border competition.

(3)  The EU regulatory framework for electronic communications networks and services should therefore be reformed in order to complete the internal market for electronic communications by strengthening the Community mechanism for regulating operators with significant market power in the key markets. This is complemented by Regulation (EC) No …/2009 of the European Parliament and of the Council of ... [establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office](10). The reform also includes the definition of an efficient and coordinated spectrum management strategy in order to achieve a single European information space and the reinforcement of provisions for users with disabilities in order to obtain an inclusive information society.

(4)  Recognising that the internet is essential for education and for the practical exercise of freedom of expression and access to information, any restriction imposed on the exercise of these fundamental rights should be in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Concerning these issues, the Commission should undertake a wide public consultation.

(5)  The aim is progressively to reduce ex ante sector specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only. Considering that the markets for electronic communications have shown strong competitive dynamics in recent years, it is essential that ex ante regulatory obligations should only be imposed where there is no effective and sustainable competition.

(6)  In carrying out its reviews of the functioning of the Framework Directive and the Specific Directives, the Commission should assess whether, in the light of developments in the market and with regard to both competition and consumer protection, there is a continued need for the provisions on sector specific ex ante regulation laid down in Articles 8 to 13a of Directive 2002/19/EC (Access Directive) and Article 17 of Directive 2002/22/EC (Universal Service Directive) or whether those provisions should be amended or repealed.

(7)  In order to ensure a proportionate and adaptable approach to varying competitive conditions, national regulatory authorities should be able to define markets on a sub-national basis and to lift regulatory obligations in markets and/or geographic areas where there is effective infrastructure competition.

(8)  In order to achieve the goals of the Lisbon Agenda it is necessary to give appropriate incentives for investment in new high-speed networks that will support innovation in content-rich internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency.

(9)  In its Communication of 20 March 2006 entitled "Bridging the Broadband Gap", the Commission acknowledged that there is a territorial divide in the European Union regarding access to high-speed broadband services. Easier access to radio spectrum will facilitate the development of high-speed broadband services in remote regions. Despite the general increase in broadband connectivity, access in various regions is limited on account of high costs resulting from low population densities and remoteness. In order to ensure investment in new technologies in underdeveloped regions, electronic communications regulation should be consistent with other policies, such as State aid policy, cohesion policy or the aims of wider industrial policy.

(10)  Public investment in networks should be made in accordance with the principle of non-discrimination. To this end, public support should be given by means of open, transparent and competitive procedures.

(11)  In order to allow national regulatory authorities to meet the objectives set out in the Framework Directive and the Specific Directives, in particular concerning end-to-end interoperability, the scope of the Framework Directive should be extended to cover certain aspects of radio equipment and telecommunications terminal equipment as defined in Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(11) and consumer equipment used for digital television, in order to facilitate access for disabled users.

(12)  Certain definitions should be clarified or changed to take account of market and technological developments and to eliminate ambiguities identified in implementing the regulatory framework.

(13)  The independence of the national regulatory authorities should be strengthened in order to ensure a more effective application of the regulatory framework and to increase their authority and the predictability of their decisions. To this end, express provision should be made in national law to ensure that, in the exercise of its tasks, a national regulatory authority responsible for ex ante market regulation or for resolution of disputes between undertakings is protected against external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. Such outside influence makes a national legislative body unsuited to act as a national regulatory authority under the regulatory framework. For that purpose, rules should be laid down at the outset regarding the grounds for the dismissal of the head of the national regulatory authority in order to remove any reasonable doubt as to the neutrality of that body and its imperviousness to external factors. It is important that national regulatory authorities responsible for ex ante market regulation should have their own budget allowing them, in particular, to recruit a sufficient number of qualified staff. In order to ensure transparency, this budget should be published annually.

(14)  In order to ensure legal certainty for market players, appeal bodies should carry out their functions effectively; in particular, appeals proceedings should not be unduly lengthy. Interim measures suspending the effect of the decision of a national regulatory authority should be granted only in urgent cases in order to prevent serious and irreparable damage to the party applying for those measures and if the balance of interests so requires.

(15)  There has been a wide divergence in the manner in which appeal bodies have applied interim measures to suspend the decisions of the national regulatory authorities. In order to achieve greater consistency of approach common standards should be applied in line with Community jurisprudence. Appeal bodies should also be entitled to request available information published by BEREC. Given the importance of appeals for the overall operation of the regulatory framework, a mechanism should be set up for collecting information on appeals and decisions to suspend decisions taken by the regulatory authorities in all the Member States and for the reporting of that information to the Commission.

(16)  In order to ensure that national regulatory authorities carry out their regulatory tasks in an effective manner, the data which they gather should include accounting data on the retail markets that are associated with wholesale markets where an operator has significant market power and as such are regulated by the national regulatory authority. The data should also include data which enables the national regulatory authority to assess the possible impact of planned upgrades or changes to network topology on the development of competition or on wholesale products made available to other parties.

(17)  The national consultation provided for under Article 6 of the Framework Directive should be conducted prior to the Community consultation provided for under Articles 7 and 7a of that Directive, in order to allow the views of interested parties to be reflected in the Community consultation. This would also avoid the need for a second Community consultation in the event of changes to a planned measure as a result of the national consultation.

(18)  The discretion of national regulatory authorities needs to be reconciled with the development of consistent regulatory practices and the consistent application of the regulatory framework in order to contribute effectively to the development and completion of the internal market. National regulatory authorities should therefore support the internal market activities of the Commission and those of BEREC.

(19)  The Community mechanism allowing the Commission to require national regulatory authorities to withdraw planned measures concerning market definition and the designation of operators having significant market power has contributed significantly to a consistent approach in identifying the circumstances in which ex ante regulation may be applied and those in which the operators are subject to such regulation. Monitoring of the market by the Commission and, in particular, the experience of the procedure under Article 7 of the Framework Directive, has shown that inconsistencies in the national regulatory authorities' application of remedies, even under similar market conditions, could undermine the internal market in electronic communications. Therefore the Commission may participate in ensuring a higher level of consistency in the application of remedies by adopting opinions on draft measures proposed by national regulatory authorities. In order to benefit from the expertise of national regulatory authorities on the market analysis, the Commission should consult BEREC prior to adoption of its decisions and/or opinion.

(20)  It is important that the regulatory framework is implemented in a timely manner. When the Commission has taken a decision requiring a national regulatory authority to withdraw a planned measure, national regulatory authorities should submit a revised measure to the Commission. A deadline should be laid down for the notification of the revised measure to the Commission under Article 7 of the Framework Directive in order to allow market players to know the duration of the market review and in order to increase legal certainty.

(21)  Having regard to the short time limits in the Community consultation mechanism, powers should be conferred on the Commission to adopt recommendations and/or guidelines to simplify the procedures for exchanging information between the Commission and national regulatory authorities, for example in cases concerning stable markets, or involving only minor changes to previously notified measures. Powers should also be conferred on the Commission in order to allow for the introduction of a notification exemption so as to streamline procedures in certain cases.

(22)  In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end-users, the elderly, and users with special social needs, have easy access to affordable high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Community shall take account of the needs of persons with a disability in drawing up measures under Article 95 of the Treaty.

(23)  A competitive market will provide users with a wide choice of content, applications and services. National regulatory authorities should promote users' ability to access and distribute information and to run applications and services.

(24)  Radio frequencies should be considered a scarce public resource that has an important public and market value. It is in the public interest that ║ spectrum is managed as efficiently and effectively as possible from an economic, social and environmental perspective, taking ▌ account of the important role of radio spectrum for electronic communications, of the objectives of cultural diversity and media pluralism, and of social and territorial cohesion. Obstacles to its efficient use should therefore be gradually withdrawn.

(25)  Radio spectrum policy activities in the European Community should be without prejudice to measures taken at Community or national level, in accordance with Community law, to pursue general interest objectives, in particular with regard to content regulation and audio-visual and media policies, and the right of Member States to organise and use their radio spectrum for the purposes of public order, public security and defence.

(26)  Taking into account the different situation in Member States, the switchover from analogue to digital terrestrial television would, as a result of the superior transmission efficiency of digital technology, increase the availability of valuable spectrum in the European Community (known as the "digital dividend").

(27)  Before a specific harmonisation measure under Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)(12) is proposed, the Commission should carry out an impact assessments on the costs and benefits of the proposed measure, such as the realisation of economies of scale and the interoperability of services for the benefit of consumers, the impact on efficiency of spectrum use, or the demand for harmonised use in the different parts of the European Union.

(28)  Although spectrum management remains within the competence of the Member States, strategic planning, coordination and, where appropriate, harmonisation at Community level can help ensure that spectrum users derive the full benefits of the internal market and that EU interests can be effectively defended globally. For these purposes, where appropriate, legislative multiannual radio spectrum policy programmes should be established to set out the policy orientations and objectives for the strategic planning and harmonisation of the use of radio spectrum in the Community. These policy orientations and objectives may refer to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market and may also refer, in appropriate cases, to the harmonisation of procedures for the granting of general authorisations or individual rights of use for radio frequencies where necessary to overcome barriers to the internal market. These policy orientations and objectives should be in accordance with the provisions of this Directive and the Specific Directives.

(29)  The Commission has indicated its intention to amend, before the entry into force of this Directive, Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum Policy Group(13) so that it provides a mechanism for the European Parliament and the Council to request opinions or reports, either orally or in writing, from the Radio Spectrum Policy Group (RSPG) on spectrum policy relating to electronic communications, and so that RSPG advises the Commission on the proposed content of the radio spectrum policy programmes.

(30)  The spectrum management provisions of this Directive should be consistent with the work of international and regional organisations dealing with radio spectrum management, such as the International Telecommunications Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), so as to ensure the efficient management of and harmonisation of the use of spectrum across the Community and between the Member States and other members of the ITU.

(31)  Radio frequencies should be managed so as to ensure that harmful interference is avoided. This basic concept of harmful interference should therefore be properly defined to ensure that regulatory intervention is limited to the extent necessary to prevent such interference.

(32)  The current spectrum management and distribution system is generally based on administrative decisions that are insufficiently flexible to cope with technological and economic evolution, in particular with the rapid development of wireless technology and the increasing demand for bandwidth. The undue fragmentation amongst national policies results in increased costs and lost market opportunities for spectrum users, and slows down innovation, to the detriment of the internal market, consumers and the economy as a whole. Moreover, the conditions for access to, and use of, radio frequencies may vary according to the type of operator, while electronic services provided by these operators increasingly overlap, thereby creating tensions between rights holders, discrepancies in the cost of access to spectrum, and potential distortions in the functioning of the internal market.

(33)  National borders are increasingly irrelevant in determining optimal radio spectrum use. Fragmentation of the management of access to spectrum rights limits investment and innovation and does not allow operators and equipment manufacturers to realise economies of scale, thereby hindering the development of an internal market for electronic communications networks and services using radio spectrum.

(34)  Flexibility in spectrum management and access to spectrum should be increased through technology and service-neutral authorisations to allow spectrum users to choose the best technologies and services to apply in frequency bands declared available for electronic communications services in the relevant national frequency allocation plans in accordance with Community law (the "principles of technology and service neutrality"). The administrative determination of technologies and services should apply when general interest objectives are at stake and should be clearly justified and subject to regular periodic review.

(35)  Restrictions on the principle of technology neutrality should be appropriate and justified by the need to avoid harmful interference, for example by imposing emission masks and power levels, to ensure the protection of public health by limiting public exposure to electromagnetic fields, to ensure the proper functioning of services through an adequate level of technical quality of service, while not necessarily precluding the possibility of using more than one service in the same frequency band, to ensure proper sharing of spectrum, in particular where its use is only subject to general authorisations, to safeguard efficient use of spectrum, or to fulfil a general interest objective in conformity with Community law.

(36)  Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. On the other hand, measures should be allowed which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of the inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined by Member States in conformity with Community law. Except where necessary to protect safety of life or, exceptionally, to fulfil other general interest objectives as defined by Member States in accordance with Community law, exceptions should not result in certain services having exclusive use, but should rather grant them priority so that, insofar as possible, other services or technologies may coexist in the same band

(37)  It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and linguistic diversity and media pluralism.

(38)  As the allocation of spectrum to specific technologies or services is an exception to the principles of technology and service neutrality and reduces the freedom to choose the service provided or technology used, any proposal for such allocation should be transparent and subject to public consultation.

(39)  In the interests of flexibility and efficiency, national regulatory authorities may allow spectrum users freely to transfer or lease their usage rights to third parties. This would allow spectrum valuation by the market. In view of their power to ensure effective use of spectrum, national regulatory authorities should take action so as to ensure that trading does not lead to a distortion of competition where spectrum is left unused.

(40)  The introduction of technology and service neutrality and trading for existing spectrum usage rights may require transitional rules, including measures to ensure fair competition, as the new system may entitle certain spectrum users to start competing with spectrum users having acquired their spectrum rights under more burdensome terms and conditions. Conversely, where rights have been granted as a derogation from the general rules or according to criteria other than those which are objective, transparent, proportionate and non-discriminatory with a view to achieving a general interest objective, the situation of the holders of such rights should not in an unjustified manner be to the detriment of their new competitors beyond what is necessary to achieve that general interest objective or another related general interest objective.

(41)  In order to promote the functioning of the internal market and to support the development of cross-border services, the Commission should be given the power to adopt technical implementing measures in the field of numbering.

(42)  Permits issued to undertakings providing electronic communications networks and services allowing them to gain access to public or private property are essential factors for the establishment of electronic communications networks or new network elements. Unnecessary complexity and delay in the procedures for granting rights of way may therefore represent important obstacles to the development of competition. Consequently, the acquisition of rights of way by authorised undertakings should be simplified. National regulatory authorities should be able to coordinate the acquisition of rights of way, making relevant information accessible on their websites.

(43)  It is necessary to strengthen the powers of the Member States as regards holders of rights of way to ensure the entry or roll-out of a new network in a fair, efficient and environmentally responsible way and independently of any obligation on an operator with significant market power to grant access to its electronic communications network. Improving facility sharing can significantly improve competition and lower the overall financial and environmental cost of deploying electronic communications infrastructure for undertakings, particularly of new access networks. National regulatory authorities should be empowered to require that the holders of the rights to install facilities on, over or under public or private property share such facilities or property (including physical co-location) in order to encourage efficient investment in infrastructure and the promotion of innovation, after an appropriate period of public consultation, during which all interested parties should be given the opportunity to state their views. Such sharing or coordination arrangements may include rules for apportioning the costs of the facility or property sharing and should ensure that there is an appropriate reward of risk for the undertakings concerned. National regulatory authorities should in particular be able to impose the sharing of network elements and associated facilities, such as ducts, conduits, masts, manholes, cabinets, antennae, towers and other supporting constructions, buildings or entries into buildings, and a better coordination of civil works. The competent authorities, particularly local authorities, should also establish appropriate coordination procedures, in cooperation with national regulatory authorities, with respect to public works and other appropriate public facilities or property which may include procedures that ensure that interested parties have information concerning appropriate public facilities or property and on-going and planned public works, that they are notified in a timely manner of such works, and that sharing is facilitated to the maximum extent possible.

(44)  Reliable and secure communication of information over electronic communications networks is increasingly central to the whole economy and society in general. System complexity, technical failure or human mistake, accidents or attacks may all have consequences for the functioning and availability of the physical infrastructures that deliver important services to EU citizens, including e-Government services. National regulatory authorities should therefore ensure that the integrity and security of public communications networks are maintained. The European Network and Information Security Agency (ENISA)(14) should contribute to the enhanced level of security of electronic communications by, among other things, providing expertise and advice, and promoting the exchange of best practices. Both ENISA and the national regulatory authorities should have the necessary means to perform their duties, including powers to obtain sufficient information in order to assess the level of security of networks or services as well as comprehensive and reliable data about actual security incidents that have had a significant impact on the operation of networks or services. Bearing in mind that the successful application of adequate security is not a one-off exercise but a continuous process of implementation, review and updating, the providers of electronic communications networks and services should be required to take measures to safeguard their integrity and security in accordance with the assessed risks, taking into account the state of the art of such measures.

(45)  Member States should allow for an appropriate period of public consultation before the adoption of specific measures to ensure that undertakings providing public communications networks or publicly available electronic communications services take the necessary technical and organisational measures to appropriately manage risk to security of networks and services or to ensure the integrity of their networks.

(46)  Where there is a need to agree on a common set of security requirements, power should be conferred on the Commission to adopt technical implementing measures to achieve an adequate level of security of electronic communications networks and services in the internal market. ENISA should contribute to the harmonisation of appropriate technical and organisational security measures by providing expert advice. National regulatory authorities should have the power to issue binding instructions relating to technical implementing measures adopted pursuant to the Framework Directive. In order to perform their duties, they should have the power to investigate cases of non-compliance and to impose penalties.

(47)  For the purposes of ensuring that there is no distortion or restriction of competition in the electronic communications markets, national regulatory authorities should be able to impose remedies aimed at preventing leverage of significant market power from one market to another, closely related, market. It should be clear that the undertaking which has significant market power on the first market may be designated as having significant market power on the second market only if the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market and if the second market is susceptible to ex ante regulation in accordance with the criteria defined in the Recommendation on relevant product and service markets(15).

(48)  In order to provide market players with certainty as to regulatory conditions, a time limit for market reviews is necessary. It is important to conduct a market analysis on a regular basis and within a reasonable and appropriate timeframe. The timeframe should take account of whether the particular market has previously been subject to market analysis and duly notified. Failure by a national regulatory authority to analyse a market within the time limit may jeopardise the internal market, and normal infringement proceedings may not produce their desired effect on time. Alternatively, the national regulatory authority concerned should be able to request the assistance of BEREC to complete the market analysis. For instance, this assistance could take the form of a specific task force composed of representatives of other national regulatory authorities.

(49)  Due to the high level of technological innovation and highly dynamic markets in the electronic communications sector, there is a need to adapt regulation rapidly in a coordinated and harmonised way at Community level, as experience has shown that divergence among the national regulatory authorities in the implementation of the EU regulatory framework may create a barrier to the development of the internal market.

(50)  One important task assigned to BEREC is to adopt opinions in relation to cross-border disputes where appropriate. National regulatory authorities should therefore take account of any opinions of BEREC in such cases.

(51)  Experience in the implementation of the EU regulatory framework indicates that existing provisions empowering national regulatory authorities to impose fines have failed to provide an adequate incentive to comply with regulatory requirements. Adequate enforcement powers can contribute to the timely implementation of the EU regulatory framework and therefore foster regulatory certainty, which is an important driver for investment. The lack of effective powers in the event of non-compliance applies across the regulatory framework. The introduction of a new provision in the Framework Directive to deal with breaches of obligations under the Framework Directive and Specific Directives should therefore ensure the application of consistent and coherent principles to enforcement and penalties for the whole EU regulatory framework.

(52)  The existing EU regulatory framework includes certain provisions to facilitate the transition from the old regulatory framework of 1998 to the new 2002 framework. This transition has been completed in all Member States and these measures should be repealed as they are now redundant.

(53)  Both efficient investment and competition should be encouraged in tandem, in order to increase economic growth, innovation and consumer choice.

(54)  Competition can best be fostered through an economically efficient level of investment in new and existing infrastructure complemented by regulation wherever necessary to achieve effective competition in retail services. An efficient level of infrastructure-based competition is the extent of infrastructure duplication at which investors can reasonably be expected to make a fair return based on reasonable expectations about the evolution of market shares.

(55)  When imposing obligations for access to new and enhanced infrastructures national regulatory authorities should ensure that access conditions reflect the circumstances underlying the investment decision, taking into account inter alia the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. Such terms and conditions may include pricing arrangements which depend on volumes or length of contract in accordance with Community law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses.

(56)  When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States.

(57)  When imposing remedies to control prices, national regulatory authorities should seek to allow a fair return for the investor on a particular new investment project. In particular there may be risks associated with investment projects specific to new access networks which support products for which demand is uncertain at the time the investment is made.

(58)  Any Commission decision under Article 19(1) of the Framework Directive should be limited to regulatory principles, approaches and methodologies. For the avoidance of doubt, it should not prescribe detail which will normally need to reflect national circumstances, and it should not prohibit alternative approaches which can reasonably be expected to have equivalent effect. Such a decision should be proportionate and should not have an effect on decisions taken by national regulatory authorities that do not create a barrier to the internal market.

(59)  Annex I to the Framework Directive identified the list of markets to be included in the Recommendation on relevant product and service markets which may warrant ex ante regulation. This Annex should be repealed since its purpose of serving as a basis for drawing up the initial version of the Recommendation on Relevant Product and Service Markets has been fulfilled.

(60)  It may not be economically viable for new entrants to duplicate the incumbent's local access network in part or in its entirety within a reasonable period of time. In this context, mandating unbundled access to the local loop or sub-loop of operators enjoying significant market power may facilitate market entry and increase competition in retail broadband access markets. In circumstances where unbundled access to local loop or sub-loop is not technically or economically feasible, relevant obligations for the provision of non-physical or virtual network access offering equivalent functionality may apply.

(61)  The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the operator's own vertically integrated downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier to verify and enforce compliance with non-discrimination obligations. In exceptional cases, functional separation may be justified as a remedy where there has been persistent failure to achieve effective non-discrimination in several of the markets concerned, and where there is little or no prospect of infrastructure competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When undertaking the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.

(62)  The implementation of functional separation should not prevent appropriate coordination mechanisms between the different separate business entities in order to ensure that the economic and management supervision rights of the parent company are protected.

(63)  Continued integration of the internal market for electronic communications networks and services requires better coordination in the application of the ex ante regulation provided for under the EU regulatory framework for electronic communications.

(64)  Where a vertically integrated undertaking chooses to transfer a substantial part or all of its local access network assets to a separate legal entity under different ownership or by establishing a separate business entity for dealing with access products, the national regulatory authority should assess the effect of the intended transaction on all existing regulatory obligations imposed on the vertically integrated operator in order to ensure the compatibility of any new arrangements with Directive 2002/19/EC (Access Directive) and Directive 2002/22/EC (Universal Service Directive). The national regulatory authority concerned should undertake a new analysis of the markets in which the segregated entity operates, and impose, maintain, amend or withdraw obligations accordingly. To this end, the national regulatory authority should be able to request information from the undertaking.

(65)  While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, it is however necessary to ensure that such obligations are imposed in conformity with the EU regulatory framework and, in particular, its notification procedures.

(66)  The Commission should be empowered to adopt implementing measures with a view to adapting the conditions for access to digital television and radio services set out in Annex I to market and technological developments. This is also the case for the minimum list of items in Annex II that must be made public to meet the obligation of transparency.

(67)  Facilitating access to radio frequency resources for market players will contribute to removing the barriers to market entry. Moreover, technological progress is reducing the risk of harmful interference in certain frequency bands and therefore reducing the need for individual rights of use. Conditions for the use of spectrum to provide electronic communication services should therefore normally be laid down in general authorisations unless individual rights are necessary, considering the use of the spectrum, to protect against harmful interference, to ensure technical quality of service, to safeguard efficient use of the spectrum or to meet a specific general interest objective. Decisions on the need for individual rights should be made in a transparent and proportionate manner.

(68)  The introduction of the requirements of service and technology neutrality in granting rights of use, together with the increased possibility to transfer rights between undertakings, should increase the freedom and means to deliver electronic communications services to the public, thereby also facilitating the achievement of general interest objectives. However, certain general interest obligations imposed on broadcasters for the delivery of audiovisual media services may require the use of specific criteria for the granting of rights of use when it appears to be essential to meet a specific general interest objective set out by Member States in conformity with Community law. Procedures associated with the pursuit of general interest objectives should in all circumstances be transparent, objective, proportionate and non-discriminatory.

(69)  Considering its restrictive impact on free access to radio frequencies, the validity of an individual right of use that is not tradable should be limited in time. Where rights of use contain provision for renewing their validity, competent national authorities should first carry out a review, including a public consultation, taking into account market, coverage and technological developments. In view of spectrum scarcity, individual rights granted to undertakings should be regularly reviewed. In carrying out this review, competent national authorities should balance the interests of the rights holders with the need to foster the introduction of spectrum trading as well as the more flexible use of spectrum through general authorisations where possible.

(70)  Minor amendments to rights and obligations are those amendments which are mainly administrative, do not change the substantial nature of the general authorisations and the individual rights of use and thus cannot cause any comparative advantage to the other undertakings.

(71)  Competent national authorities should have the power to ensure effective use of spectrum and, where spectrum resources are left unused, to take action to prevent anti-competitive hoarding, which can hinder new market entry.

(72)  National regulatory authorities should be able to take effective action to monitor and secure compliance with the terms and conditions of the general authorisation or of rights of use, including the power to impose effective financial or administrative penalties in the event of breaches of those terms and conditions.

(73)  The conditions that may be attached to authorisations should cover specific conditions governing accessibility for users with disabilities and the need of public authorities and emergency services to communicate between themselves and with the general public before, during and after major disasters. Also, considering the importance of technical innovation, Member States should be able to issue authorisations to use spectrum for experimental purposes, subject to specific restrictions and conditions strictly justified by the experimental nature of such rights.

(74)  Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 on unbundled access to the local loop(16) has proved to be effective in the initial stage of market opening. The Framework Directive calls upon the Commission to monitor the transition from the regulatory framework of 1998 to the 2002 framework and to bring forward proposals to repeal that Regulation at an appropriate time. Under the 2002 framework, national regulatory authorities have a duty to analyse the market for wholesale unbundled access to metallic loops and sub-loops for the purpose of providing broadband and voice services as defined in the Recommendation on Relevant Product and Service Markets. Since all Member States have analysed this market at least once and the appropriate obligations based on the 2002 framework are in place, Regulation (EC) No 2887/2000 has become unnecessary and should therefore be repealed.

(75)  Measures necessary for the implementation of the Framework, Access and Authorisation Directives should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(17).

(76)  In particular, the Commission should be empowered to adopt Recommendations and/or implementing measures in relation to the notifications under Article 7 of the Framework Directive; harmonisation in the fields of spectrum and numbering as well as in matters related to security of networks and services; the identification of the relevant product and service markets; the identification of trans-national markets; the implementation of standards and the harmonised application of the provisions of the regulatory framework. Power should also be conferred on the Commission to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments. Since those measures are of general scope and are designed to amend non-essential elements of these Directives, inter alia by supplementing them with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2002/21/EC (Framework Directive)

Directive 2002/21/EC is hereby amended as follows:

1)  Article 1(1) shall be replaced by the following:"

1.  This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment to facilitate access for disabled users. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community. ▌

"

2)  Article 2 shall be amended as follows:

   (a) point (a) shall be replaced by the following:"
   (a) "electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;
"
   (b) point (b) shall be replaced by the following:"
   (b) "transnational markets" means markets identified in accordance with Article 15(4) covering the Community or a substantial part thereof located in more than one Member State.
"
   (c) point (d) shall be replaced by the following:"
   (d) "public communications network" means an electronic communications network used wholly or mainly for the provision of electronic communications services available to the public which support the transfer of information between network termination points;
"
   (d) the following point shall be inserted:"
(da) "network termination point" (NTP) means the physical point at which a subscriber is provided with access to a public communications network; in the case of networks involving switching or routing, the NTP is identified by means of a specific network address, which may be linked to a subscriber number or name;"
   (e) point (e) shall be replaced by the following:"
   (e) "associated facilities" means those associated services, physical infrastructures and other facilities or elements associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include inter alia buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and cabinets;
"
   (f) the following point shall be inserted:"
"(ea) "associated services" means those services associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so and include inter alia number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides, as well as other services such as identity, location and presence service;"
   (g) point (l) shall be replaced by the following:"
_____________________
* OJ L 201, 31.7.2002, p. 37.
   (l) "Specific Directives" means Directive 2002/20/EC (Authorisation Directive), Directive 2002/19/EC (Access Directive), Directive 2002/22/EC (Universal Service Directive) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)*;
"
   (h) the following points shall be added:"
   (q) "spectrum allocation" means the designation of a given frequency band for use by one or more types of radiocommunications services, where appropriate, under specified conditions;
   (r) "harmful interference" means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, Community or national regulations;
   (s) "call" means a connection established by means of a publicly available electronic communications service allowing two-way voice communication.
"

3)  Article 3 shall be amended as follows:

   (a) paragraph (3) shall be replaced by the following:"
3.  Member States shall ensure that national regulatory authorities exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that national regulatory authorities have adequate financial and human resources to carry out the task assigned to them."
   (b) the following paragraphs shall be inserted:"
3a.  Without prejudice to the provisions of paragraphs 4 and 5, national regulatory authorities responsible for ex ante market regulation or for the resolution of disputes between undertakings in accordance with Article 20 or 21 of this Directive shall act independently and shall not seek or take instructions from any other body in relation to the exercise of these tasks assigned to them under national law implementing Community law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 4 shall have the power to suspend or overturn decisions by the national regulatory authorities. Member States shall ensure that the head of a national regulatory authority, or where applicable, members of the collegiate body fulfilling that function within a national regulatory authority referred to in the first subparagraph or their replacements may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law. The decision to dismiss the head of the national regulatory authority concerned, or where applicable members of the collegiate body fulfilling that function shall be made public at the time of dismissal. The dismissed head of the national regulatory authority, or where applicable, members of the collegiate body fulfilling that function shall receive a statement of reasons and shall have the right to request its publication, where this would not otherwise take place, in which case it shall be published.
Member States shall ensure that national regulatory authorities referred to in the first subparagraph have separate annual budgets. The budgets shall be made public. Member States shall also ensure that national regulatory authorities have adequate financial and human resources to enable them actively to participate in and contribute to the Body of European Regulators for Electronic Communications (BEREC)*.
3b.  Member States shall ensure that the goals of BEREC of promoting greater regulatory coordination and coherence are actively supported by the respective national regulatory authorities.
3c.  Member States shall ensure that national regulatory authorities take utmost account of opinions and common positions adopted by the BEREC when adopting their own decisions for their national markets.
______________________________
* Regulation (EC) No …/2009 of the European Parliament and of the Council of ... [establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office]"

4)  Article 4 shall be amended as follows:

   (a) paragraph 1 shall be replaced by the following:"
1.  Member States shall ensure that effective mechanisms exist at national level under which any user or undertaking providing electronic communications networks and/or services who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body that is independent of the parties involved. This body, which may be a court, shall have the appropriate expertise to enable it to carry out its functions effectively. Member States shall ensure that the merits of the case are duly taken into account and that there is an effective appeal mechanism.
Pending the outcome of the appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted in accordance with national law."
   (b) the following paragraph shall be added:"
3.  Member States shall collect information on the general subject matter of appeals, the number of requests for appeal, the duration of the appeal proceedings and the number of decisions to grant interim measures. Member States shall provide such information to the Commission and BEREC after a reasoned request from either."

5)  Article 5(1) shall be replaced by the following:"

1.  Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. In particular, national regulatory authorities shall have the power to require those undertakings ▌to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. Undertakings with significant market power on wholesale markets may also be required to submit accounting data on the retail markets that are associated with those wholesale markets.

Undertakings shall provide such information promptly upon request and in conformity with the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information and shall treat the information in accordance with paragraph 3.

"

6)  Articles 6 and 7 shall be replaced by the following:"

Article 6

Consultation and transparency mechanism

Except in cases falling within Articles 7(9), 20, or 21, Member States shall ensure that, where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), which have a significant impact on the relevant market, they give interested parties the opportunity to comment on the draft measure within a reasonable period.

National regulatory authorities shall publish their national consultation procedures.

Member States shall ensure the establishment of a single information point through which all current consultations can be accessed.

The results of the consultation procedure shall be made publicly available by the national regulatory authority, except in the case of confidential information in accordance with Community and national law on business confidentiality.

Article 7

Consolidating the internal market for electronic communications

1.  In carrying out their tasks under this Directive and the Specific Directives, national regulatory authorities shall take the utmost account of the objectives set out in Article 8, including insofar as they relate to the functioning of the internal market.

2.  National regulatory authorities shall contribute to the development of the internal market by working with each other and with the Commission and BEREC in a transparent manner so as to ensure the consistent application, in all Member States, of the provisions of this Directive and the Specific Directives. To this end, they shall, in particular, work with the Commission and BEREC to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace.

3.  Except where otherwise provided in recommendations or guidelines adopted pursuant to Article 7b upon completion of the consultation referred to in Article 6, where a national regulatory authority intends to take a measure which:

it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 5(3), and inform the Commission, BEREC and other national regulatory authorities thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.

   (a) falls within the scope of Articles 15 or 16 of this Directive, or Articles 5 or 8 of Directive 2002/19/EC (Access Directive), and
   (b) would affect trade between Member States,

4.  Where an intended measure covered by paragraph 3 aims at:

and would affect trade between Member States, and the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or if it has serious doubts as to its compatibility with Community law and in particular the objectives referred to in Article 8, the draft measure shall not be adopted for a further two months. This period may not be extended. The Commission shall inform other national regulatory authorities of its reservations in such a case.

   (a) defining a relevant market which differs from those defined in the Recommendation in accordance with Article 15(1); or
   (b) deciding whether or not to designate an undertaking as having, either individually or jointly with others, significant market power, under Article 16(3), (4) or (5); ▌

5.  Within the two-month period referred to in paragraph 4, the Commission may:

   (a) take a decision requiring the national regulatory authority concerned to withdraw the draft measure, and/or
   (b) take a decision to lift its reservations in relation to a draft measure referred to in paragraph 4.

The Commission shall take utmost account of the opinion of BEREC before issuing a decision . The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure.

6.  Where the Commission has adopted a decision in accordance with paragraph 5 requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure within six months of the date of the Commission's decision. When the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and shall re-notify the amended draft measure to the Commission in accordance with the provisions of paragraph 3.

7.  The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities, BEREC and the Commission and may, except in cases covered by paragraphs 4 and 5(a), adopt the resulting draft measure and, where it does so, shall communicate it to the Commission.

8.  The national regulatory authority shall communicate to the Commission and BEREC all adopted final measures which fall under Article 7(3)(a) and (b).

9.  In exceptional circumstances, where a national regulatory authority considers that there is an urgent need to act, in order to safeguard competition and protect the interests of users, by way of derogation from the procedure set out in paragraphs 3 and 4, it may immediately adopt proportionate and provisional measures. It shall, without delay, communicate those measures, with full reasons, to the Commission, the other national regulatory authority, and BEREC. A decision by the national regulatory authority to render such measures permanent or extend the time for which they are applicable shall be subject to the provisions of paragraphs 3 and 4.

"

7)   the following Articles shall be inserted:"

Article 7a

Procedure for the consistent application of remedies

1.  Where an intended measure covered by Article 7(3) aims at imposing, amending or withdrawing an obligation on an operator in application of Article 16 in conjunction with Article 5 and Articles 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission may, within the period of one month provided for by Article 7(3), notify the national regulatory authority concerned and BEREC of its reasons for considering that the draft measure would create a barrier to the single market or its serious doubts as to its compatibility with Community law. In such a case, the draft measure shall not be adopted for a further three months following the Commission's notification.

In the absence of such notification, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any comments made by the Commission, BEREC or any other national regulatory authority.

2.  Within the three month period referred to in paragraph 1, the Commission, BEREC and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice.

3.  Within six weeks from the beginning of the three month period referred to in paragraph 1, BEREC shall, acting by a majority of its component members, issue an opinion on the Commission's notification referred to in that paragraph, indicating whether it considers that the draft measure should be amended or withdrawn and, where appropriate, provide specific proposals to that end. This opinion shall be reasoned and made public.

4.  If in its opinion, BEREC shares the serious doubts of the Commission, it shall cooperate closely with the national regulatory authority concerned with the objective of identifying the most appropriate and effective measure. Before the end of the three month period referred in paragraph 1, the national regulatory authority may:

   (a) amend or withdraw its draft measure taking utmost account of the Commission's notification referred to in paragraph 1 and of BEREC's opinion and advice;
   (b) maintain its draft measure.

5.  Where BEREC does not share the serious doubts of the Commission or does not issue an opinion, or where the national regulatory authority amends or maintains its draft measure pursuant to paragraph 4, the Commission may, within one month following the end of the three month period referred to in paragraph 1 and taking utmost account of the opinion of BEREC if any:

   (a) issue a recommendation requiring the national regulatory authority concerned to amend or withdraw the draft measure, including specific proposals to that end and providing reasons justifying its recommendation, in particular where BEREC does not share the serious doubts of the Commission;
   (b) take a decision to lift its reservations indicated in accordance with paragraph 1.

6.  Within one month of the Commission issuing the recommendation in accordance with paragraph 5(a) or lifting its reservations in accordance with paragraph 5(b), the national regulatory authority concerned shall communicate to the Commission and BEREC the adopted final measure.

This period may be extended to allow the national regulatory authority to undertake a public consultation in accordance with Article 6.

7.Where the national regulatory authority decides not to amend or withdraw the draft measure on the basis of the recommendation issued under paragraph 5(a) it shall provide a reasoned justification.  

8.The national regulatory authority may withdraw the proposed draft measure at any stage of the procedure.  

Article 7b

Implementing provisions

1.  After public consultation and consultation with national regulatory authorities and taking utmost account of the opinion of BEREC, the Commission may adopt recommendations and/or guidelines in relation to Article 7 that define the form, content and level of detail to be given in the notifications required in accordance with Article 7(3), the circumstances in which notifications would not be required, and the calculation of the time limits.

2.  The measures referred to in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

"

8)  Article 8 shall be amended as follows:

   (a) in paragraph 1, the second subparagraph shall be replaced by the following:"
Unless otherwise provided for in Article 9 regarding radio frequencies, Member States shall take the utmost account of the desirability of making regulations technologically neutral and shall ensure that, in carrying out the regulatory tasks specified in this Directive and the Specific Directives, in particular those designed to ensure effective competition, national regulatory authorities do likewise."
   (b) in paragraph 2, points (a) and (b) shall be replaced by the following:"
   (a) ensuring that users, including disabled users, elderly users, and users with special social needs derive maximum benefit in terms of choice, price, and quality;
   (b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, including in the transmission of content;";
"
   (c) in paragraph 2, point (c) shall be deleted;
   (d) in paragraph 3, point (c) shall be deleted
   (e) in paragraph 3, point (d) shall be replaced by the following: "
     "(d) cooperating with each other, with the Commission and BEREC so as to ensure the development of consistent regulatory practice and the consistent application of this Directive and the Specific Directives.
"
   (f) in paragraph 4, point (e) shall be replaced by the following:"
   (e) addressing the needs of specific social groups, in particular disabled users, elderly users and users with special social needs;
"
   (g) in paragraph 4, points (g) and (h) shall be added:"
   (g) promoting the ability of end-users to access and distribute information or run applications and services of their choice;
   (h) applying the principle that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened in which case the ruling may be subsequent
"
   (h) the following paragraph shall be added:"
5.  The national regulatory authorities shall, in pursuit of the policy objectives referred to in paragraphs 2, 3 and 4, apply objective, transparent, non-discriminatory and proportionate regulatory principles by, inter alia:
   (a) promoting regulatory predictability by ensuringa consistent regulatory approach over appropriate review periods;
   (b) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;
   (c) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
   (d) promoting efficient investment and innovation in new and enhanced infrastructures, including by ensuring that any access obligation takes appropriate account of the risk incurred by the investing undertakings and by permitting various cooperative arrangements between investors and parties seeking access to diversify the risk of investment, whilst ensuring that competition in the market and the principle of non-discrimination are preserved;
   (e) taking due account of the variety of conditions relating to competition and consumers that exist in the various geographic areas within a Member State;
   (f) imposing ex ante regulatory obligations only where there is no effective and sustainable competition and relaxing or lifting such obligations as soon as that condition is fulfilled
"

9)   the following Article shall be inserted:"

Article 8a

Strategic planning and coordination of radio spectrum policy ▌

1.  Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the European Community. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

2.  By cooperating with each other and with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European Community and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications.

3.  The Commission, taking utmost account of the opinion of the Radio Spectrum Policy Group (RSPG), established by Commission Decision 2002/622/EC*, may submit legislative proposals to the European Parliament and the Council for establishing multiannual radio spectrum policy programmes. Such programmes shall set out the policy orientations and objectives for the strategic planning and harmonisation of the use of radio spectrum in accordance with the provisions of this Directive and the Specific Directives.

4.  Where necessary to ensure the effective coordination of the ▌ interests of the European Community in international organisations competent in radio spectrum matters ▌, the Commission, taking utmost account of the opinion of the ▌RSPG ▌, may propose common policy objectives to the European Parliament and the Council.

__________________

* OJ L 198, 27.7.2002, p. 49.

"

10)  Article 9 shall be replaced by the following:"

Article 9

Management of radio frequencies for electronic communications services

1.  Taking due account of the fact that radio frequencies are a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio frequencies for electronic communication services in their territory in accordance with Articles 8 and 8a. They shall ensure that spectrum allocation used for electronic communications services and issuing general authorisations or individual rights of use of such radio frequencies by competent national authorities are based on objective, transparent, non-discriminatory and proportionate criteria.

In applying this Article, Member States shall respect relevant international agreements, including the ITU Radio Regulations, and may take public policy considerations into account.

2.  Member States shall promote the harmonisation of use of radio frequencies across the Community, consistent with the need to ensure effective and efficient use thereof and in pursuit of benefits for the consumer such as economies of scale and interoperability of services. In so doing, they shall act in accordance with Article 8a and with the Decision No 676/2002/EC (Radio Spectrum Decision).

3.  Unless otherwise provided in the second subparagraph, Member States shall ensure that all types of technology used for electronic communications services may be used in the radio frequency bands, declared available for electronic communications services in their National Frequency Allocation Plan in accordance with Community law.

Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessary to:

   (a) avoid harmful interference;
   (b) protect public health against electromagnetic fields;
   (c) ensure technical quality of service;
   (d) ensure maximisation of radio frequency sharing;
   (e) safeguard efficient use of spectrum, or
   (f) ensure the fulfilment of a general interest objective in accordance with paragraph 4.

4.  Unless otherwise provided ║ in the second subparagraph, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands, declared available for electronic communications services in their National Frequency Allocation Plan in accordance with Community law. Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided, including, where necessary, to fulfil a requirement under the ITU Radio Regulations.

Measures that require an electronic communications service to be provided in a specific band available for electronic communications services shall be justified in order to ensure the fulfilment of a general interest objective as defined by Member States in conformity with Community law, such as, and not limited to:

   (a) safety of life,
   (b) the promotion of social, regional or territorial cohesion,
   (c) the avoidance of inefficient use of radio frequencies, or
   (d) the promotion of cultural and linguistic diversity and media pluralism, for example by the provision of radio and television broadcasting services.

A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may exceptionally also extend such a measure in order to fulfil other general interest objectives as defined by Member States in accordance with Community law.

5.  Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4, and shall make the results of these reviews public.

6.  Paragraphs 3 and 4 shall apply to spectrum allocated to be used for electronic communications services, general authorisations issued and individual rights of use of radio frequencies granted after ...(18).

Spectrum allocations, general authorisations and individual rights of use which existed by ...* shall be subject to Article 9a.

7.  Without prejudice to the provisions of the Specific Directives and taking into account the relevant national circumstances, Member States may lay down rules in order to prevent spectrum hoarding, in particular by setting out strict deadlines for the effective exploitation of the rights of use by the holder of the rights and by applying penalties, including financial penalties or the withdrawal of the rights of use in case of non-compliance with the deadlines. These rules shall be established and applied in a proportionate, non-discriminatory and transparent manner.

"

11)  The following Articles shall be inserted:"

Article 9a

Review of restrictions on existing rights

1.  For a period of five years starting from ...*, Member States may allow holders of rights to use radio frequencies which were granted before that date and which will remain valid for a period of not less that five years after that date, to submit an application to the competent national authority for a reassessment of the restrictions on their rights in accordance with Article 9(3) and (4).

Before adopting its decision, the competent national authority shall notify the right holder of its reassessment of the restrictions, indicating the extent of the right after reassessment, and shall allow him a reasonable time limit to withdraw his application.

If the right holder withdraws his application, the right shall remain unchanged until its expiry or until the end of the five-year period, whichever is the earlier date.

2.  After the five-year period referred to in paragraph 1, Member States shall take all appropriate measures to ensure that Article 9(3) and (4) apply to all remaining general authorisations or individual rights of use and spectrum allocations used for electronic communications services which existed on ...(19).

3.  In applying this Article, Member States shall take appropriate measures to promote fair competition.

4.  Measures adopted in applying this Article do not constitute the granting of new rights of use and therefore are not subject to the relevant provisions of Article 5(2) of Directive 2002/20/EC (Authorisation Directive).

Article 9b

Transfer or lease of individual rights to use radio frequencies

1.  Member States shall ensure that undertakings may transfer or lease to other undertakings in accordance with conditions attached to the rights of use of radio frequencies and with national procedures individual rights to use radio frequencies ▌ in the bands for which this is provided in the implementing measures adopted pursuant to paragraph 3.

In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakings in accordance with national procedures.

Conditions attached to individual rights to use radio frequencies shall continue to apply after the transfer or lease, unless otherwise specified by the competent national authority.

Member States may also determine that the provisions of paragraph 1 shall not apply where the undertaking´s individual right to use radio frequencies was initially obtained free of charge.

2.  Member States shall ensure that an undertaking's intention to transfer rights to use radio frequencies, as well as the effective transfer thereof is notified in accordance with national procedures to the competent national authority responsible for granting individual rights of use and is made public. Where radio frequency use has been harmonised through the application of the Decision No 676/2002/EC (Radio Spectrum Decision) or other Community measures, any such transfer shall comply with such harmonised use.

3.  The Commission may adopt appropriate implementing measures to identify the bands for which usage rights may be transferred or leased between undertakings. These measures shall not cover frequencies which are used for broadcasting.

These technical implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3).

"

12)  Article 10 shall be amended as follows:

   (a) Paragraphs 1 and 2 shall be replaced by the following:"
1.  Member States shall ensure that national regulatory authorities control the granting of rights of use of all national numbering resources and the management of the national numbering plans. Member States shall ensure that adequate numbers and numbering ranges are provided for all publicly available electronic communications services. National regulatory authorities shall establish objective, transparent and non-discriminatory procedures for granting rights of use for national numbering resources.
2.  National regulatory authorities shall ensure that national numbering plans and procedures are applied in a manner that gives equal treatment to all providers of publicly available electronic communications services. In particular, Member States shall ensure that an undertaking to which the right of use for a range of numbers has been granted does not discriminate against other providers of electronic communications services as regards the number sequences used to give access to their services."
   (b) paragraph 4 shall be replaced by the following:"
4.  Member States shall support the harmonisation of specific numbers or numbering ranges within the Community where it promotes both the functioning of the internal market and the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter.
These measures designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3)."

13)  Article 11 shall be amended as follows:

   (a) paragraph 1, second subparagraph, first indent shall be replaced by the following:"
   acts on the basis of simple, efficient, transparent and publicly available procedures, applied without discrimination and without delay, and in any event makes its decision within six months of the application, except in cases of expropriation, and
"
   (b) paragraph 2 shall be replaced by the following:"
2.  Member States shall ensure that where public or local authorities retain ownership or control of undertakings operating public electronic communications networks and/or publicly available electronic communications services, there is an effective structural separation of the function responsible for granting the rights referred to in paragraph 1 from the activities associated with ownership or control."

14)  Article 12 shall be replaced by the following:"

Article 12

Co-location and sharing of network elements and associated facilities for providers of electronic communications networks

1.  Where an undertaking providing electronic communications networks has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall, taking full account of the principle of proportionality, be able to impose the sharing of such facilities or property, including buildings, entries to buildings, building wiring, masts, antennae, towers and other supporting constructions, ducts, conduits, manholes, cabinets ▌.

2.  Member States may require holders of the rights referred to in paragraph 1 to share facilities or property (including physical co-location) or take measures to facilitate the coordination of public works in order to protect the environment, public health, public security or to meet town and country planning objectives and only after an appropriate period of public consultation, during which all interested parties shall be given an opportunity to express their views. Such sharing or coordination arrangements may include rules for apportioning the costs of facility or property sharing.

3.  Member States shall ensure that national authorities, after an appropriate period of public consultation during which all interested parties are given the opportunity to state their views, also have the power to impose obligations in relation to the sharing of wiring inside buildings or up to the first concentration or distribution point where this is located outside the building, on the holders of the rights referred to in paragraph 1 and/or on the owner of such wiring, where this is justified on the grounds that duplication of such infrastructure would be economically inefficient or physically impracticable. Such sharing or coordination arrangements may include rules for apportioning the costs of facility or property sharing adjusted for risk where appropriate.

4.  Member States shall ensure that competent national authorities may require undertakings to provide the necessary information, if requested by the competent authorities, in order for these authorities, in conjunction with national regulatory authorities, to be able to establish a detailed inventory of the nature, availability and geographical location of the facilities referred to in paragraph 1 and make it available to interested parties.

5.  Measures taken by a national regulatory authority in accordance with this Article shall be objective, transparent, non-discriminatory, and proportionate. Where relevant, these measures shall be carried out in coordination with local authorities.

"

15)   the following chapter shall be inserted:"

Chapter IIIa

SECURITY AND INTEGRITY OF NETWORKS AND SERVICES

Article 13a

Security and integrity

1.  Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and interconnected networks.

2.  Member States shall ensure that undertakings providing public communications networks take all appropriate steps to guarantee the integrity of their networks, and thus ensure the continuity of supply of services provided over those networks.

3.  Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify the competent national regulatory authority of a breach of security or loss of integrity that has had a significant impact on the operation of networks or services.

Where appropriate, the national regulatory authority concerned shall inform the national regulatory authorities in other Member States and the European Network and Information Security Agency (ENISA) . The national regulatory authority concerned may inform the public or require the undertakings to do so, where it determines that disclosure of the breach is in the public interest.

Once a year, the national regulatory authority concerned shall submit a summary report to the Commission and ENISA on the notifications received and the action taken in accordance with this paragraph.

4.  The Commission, taking the utmost account of the opinion of ENISA, may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements. These technical implementing measures shall be based on European and international standards to the greatest extent possible, and shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2.

These implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3).

Article 13b

Implementation and enforcement

1.  Member States shall ensure that in order to implement Article 13a, competent national regulatory authorities have the power to issue binding instructions, including those regarding time limits for implementation, to undertakings providing public communications networks or publicly available electronic communications services ║.

2.  Member States shall ensure that competent national regulatory authorities have the power to require undertakings providing public communications networks or publicly available electronic communications services to:

   (a) provide information needed to assess the security and/or integrity of their services and networks, including documented security policies; and
   (b) submit to a security audit carried out by a qualified independent body or a competent national authority and make the results thereof available to the national regulatory authority. The cost of the audit shall be paid by the undertaking.

3.  Member States shall ensure that national regulatory authorities have all the powers necessary to investigate cases of non-compliance and the effects thereof on the security and integrity of the networks.

4.  These provisions shall be without prejudice to Article 3 of this Directive.

"

16)   in Article 14, paragraph 3 shall be replaced by the following:"

3.  Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to Articles 9, 10, 11 and 13 of Directive 2002/19/EC (Access Directive), and where such remedies prove to be insufficient, remedies pursuant to Article 17 of Directive 2002/22/EC (Universal Service Directive) may be imposed.

"

17)  Article 15 shall be amended as follows:

   (a) the heading shall be replaced by the following:"
Procedure for the identification and definition of markets"
   (b) in paragraph 1, the first subparagraph shall be replaced by the following:"
1.  After public consultation including with national regulatory authorities and taking the utmost account of the opinion of BEREC, the Commission shall, in accordance with the advisory procedure referred to in Article 22(2), adopt a Recommendation on Relevant Product and Service Markets (the Recommendation). The Recommendation shall identify those product and service markets within the electronic communications sector the characteristics of which may be such as to justify the imposition of regulatory obligations set out in the Specific Directives, without prejudice to markets that may be defined in specific cases under competition law. The Commission shall define markets in accordance with the principles of competition law."
   (c) paragraph 3 shall be replaced by the following:"
3.  National regulatory authorities shall, taking the utmost account of the Recommendation and the Guidelines, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory, in accordance with the principles of competition law. National regulatory authorities shall follow the procedures referred to in Articles 6 and 7 before defining the markets that differ from those identified in the Recommendation."
   (d) paragraph 4 shall be replaced by the following:"
4.  After consultation including with national regulatory authorities the Commission may, taking the utmost account of the opinion of BEREC, adopt a Decision identifying transnational markets, acting in accordance with the regulatory procedure with scrutiny referred to in Article 22(3)."

18)  Article 16 shall be amended as follows:

   (a) Paragraphs 1 and 2 shall be replaced by the following:"
1.  National regulatory authorities shall carry out an analysis of the relevant markets taking into account the markets identified in the Recommendation, and taking the utmost account of the Guidelines. Member States shall ensure that this analysis is carried out, where appropriate, in collaboration with the national competition authorities.
2.  Where a national regulatory authority is required under paragraphs 3 or 4 of this Article, Article 17 of Directive 2002/22/EC (Universal Service Directive), or Article 8 of Directive 2002/19/EC (Access Directive) to determine whether to impose, maintain, amend or withdraw obligations on undertakings, it shall determine on the basis of its market analysis referred to in paragraph 1 of this Article whether a relevant market is effectively competitive."
   (b) paragraphs 4, 5 and 6 shall be replaced by the following:"
4.  Where a national regulatory authority determines that a relevant market is not effectively competitive, it shall identify undertakings which individually or jointly have a significant market power on that market in accordance with Article 14 and the national regulatory authority shall on such undertakings impose appropriate specific regulatory obligations referred to in paragraph 2 of this Article or maintain or amend such obligations where they already exist.
5.  In the case of transnational markets identified in the Decision referred to in Article 15(4), the national regulatory authorities concerned shall jointly conduct the market analysis taking the utmost account of the Guidelines and, in a concerted fashion, shall decide on any imposition, maintenance, amendment or withdrawal of regulatory obligations referred to in paragraph 2 of this Article.
6.  Measures taken in accordance with the provisions of paragraphs 3 and 4 shall be subject to the procedures referred to in Articles 6 and 7. National regulatory authorities shall carry out an analysis of the relevant market and notify the corresponding draft measure in accordance with Article 7:
   (a) within three years from the adoption of a previous measure relating to that market. However, exceptionally, that period may be extended for up to three additional years, where the national regulatory authority has notified a reasoned proposed extension to the Commission and the Commission has not objected within one month of the notified extension;
   (b) within two years from the adoption of a revised Recommendation on relevant markets, for markets not previously notified to the Commission, or;
   (c) within two years from their accession, for Member States which have newly joined the Union.
"
   (c) the following paragraph shall be added:"
7.  Where a national regulatory authority has not completed its analysis of a relevant market identified in the Recommendation within the time limit laid down in Article 16(6), BEREC shall, upon request, provide assistance to the national regulatory authority concerned in completing the analysis of the specific market and the specific obligations to be imposed. With this assistance, the national regulatory authority concerned shall within six months notify the draft measure to the Commission in accordance with Article 7."

19)  Article 17 shall be amended as follows:

   (a) in the first sentence of paragraph 1, the word "standards"shall be replaced by "non-compulsory standards":
   (b) the third subparagraph of paragraph 2 shall be replaced by the following:"
In the absence of such standards and/or specifications, Member States shall encourage the implementation of international standards or recommendations adopted by the International Telecommunication Union (ITU), the European Conference of Postal and Telecommunications Administrations (CEPT), the International Organisation for Standardisation (ISO) and the International Electrotechnical Commission (IEC).;"
   (c) paragraphs 4 and 5 shall be replaced by the following:"
4.  Where the Commission intends to make the implementation of certain standards and/or specifications compulsory, it shall publish a notice in the Official Journal of the European Union and invite public comment by all parties concerned. The Commission shall take appropriate implementing measures and make implementation of the relevant standards compulsory by making reference to them as compulsory standards in the list of standards and/or specifications published in the Official Journal of the European Union.
5.  Where the Commission considers that standards and/or specifications referred to in paragraph 1 no longer contribute to the provision of harmonised electronic communications services, or that they no longer meet consumers' needs or are hampering technological development, it shall, acting in accordance with the advisory procedure referred to in Article 22(2), remove them from the list of standards and/or specifications referred to in paragraph 1."
   (d) in paragraph 6, the words "acting in accordance with the procedure referred to in Article 22(3), remove them from this list of standards and/or specifications referred to in paragraph 1" shall be replaced by the words "take the appropriate implementing measures and remove those standards and/or specifications from the list of standards and/or specifications referred to in paragraph 1";
   (e) the following paragraph shall be inserted:"
6a.  The implementing measures designed to amend non-essential elements of this Directive by supplementing it, referred to in paragraphs 4 and 6, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3)."

20)  Article 18 shall be amended as follows:

   (a) in paragraph 1, the following point (c) shall be added:"
   (c) providers of digital TV services and equipment to cooperate in the provision of interoperable TV services for disabled end-users.
"
   (b) paragraph 3 shall be deleted;

21)  Article 19 shall be replaced by the following:"

Article 19

Harmonisation procedures

1.  Without prejudice to Article 9 of this Directive and Articles 6 and 8 of Directive 2002/20/EC (Authorisation Directive), where the Commission finds that divergences in the implementation by the national regulatory authorities of the regulatory tasks specified in this Directive and the Specific Directives may create a barrier to the internal market, the Commission may, taking the utmost account of the opinion of BEREC, issue a recommendation or a decision on the harmonised application of the provisions in this Directive and the Specific Directives in order to further the achievement of the objectives set out in Article 8.

2.  Where the Commission issues a recommendation pursuant to paragraph 1, it shall act in accordance with the advisory procedure referred to in Article 22(2).

Member States shall ensure that national regulatory authorities take the utmost account of those recommendations in carrying out their tasks. Where a national regulatory authority chooses not to follow a recommendation, it shall inform the Commission, giving the reasons for its position.

3.  The decisions adopted pursuant to paragraph 1 may only include the identification of a harmonised or coordinated approach for the purposes of addressing the following matters:

   (a) the inconsistent implementation of general regulatory approaches by national regulatory authorities on the regulation of electronic communication markets in the application of Articles 15 and 16, where it creates a barrier to the internal market. Such decisions shall not refer to specific notifications issued by the national regulatory authorities pursuant to Article 7a;

In such a case, the Commission shall propose a draft decision only:

   after at least two years following the adoption of a Commission Recommendation dealing with the same matter, and;
   taking utmost account of an opinion from BEREC on the case for adoption of such a decision, which shall be provided by BEREC within three months of the Commission's request;
   (b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, and access to 112 emergency services.

4.  The decision referred to in paragraph 1, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3).

5.  BEREC may on its own initiative advise the Commission on whether a measure should be adopted pursuant to paragraph 1.

"

22)  Article 20(1) shall be replaced by the following:"

1.  In the event of a dispute arising in connection with existing obligations under this Directive or the Specific Directives between undertakings providing electronic communications networks or services in a Member State, or between such undertakings and other undertakings in the Member State benefiting from obligations of access and/or interconnection arising under this Directive or the Specific Directives, the national regulatory authority concerned shall, at the request of either party, and without prejudice to the provisions of paragraph 2, issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within four months, except in exceptional circumstances. The Member State concerned shall require that all parties cooperate fully with the national regulatory authority.

"

23)  Article 21 shall be replaced by the following:"

Article 21

Resolution of cross-border disputes

1.  In the event of a cross-border dispute arising under this Directive or the Specific Directives between parties in different Member States, and where the dispute lies within the competence of national regulatory authorities from more than one Member State, the provisions set out in paragraphs 2, 3 and 4 shall be applicable.

2.  Any party may refer the dispute to the national regulatory authorities concerned. The competent national regulatory authorities shall coordinate their efforts and shall have the right to consult BEREC in order to bring about a consistent resolution of the dispute, in accordance with the objectives set out in Article 8.

Any obligations imposed by the national regulatory authorities on undertakings as part of the resolution of a dispute shall comply with the provisions of this Directive and the Specific Directives.

Any national regulatory authority which has competence in such a dispute may request BEREC to adopt an opinion as to the action to be taken in accordance with the provisions of the Framework Directive and/or the Specific Directives to resolve the dispute.

Where such a request has been made to BEREC, any national regulatory authority with competence in any aspect of the dispute shall await BEREC's opinion before taking action to resolve the dispute. This shall not preclude national regulatory authorities from taking urgent measures where necessary.

Any obligations imposed on an undertaking by the national regulatory authority in resolving a dispute shall respect the provisions of this Directive or the Specific Directives and take the utmost account of the opinion adopted by BEREC.

3.  Member States may make provision for the competent national regulatory authorities jointly to decline to resolve a dispute where other mechanisms, including mediation, exist and would better contribute to resolving of the dispute in a timely manner in accordance with the provisions of Article 8.

They shall inform the parties without delay. If after four months the dispute is not resolved, where the dispute has not been brought before the courts by the party seeking redress and if either party requests it, the national regulatory authorities shall coordinate their efforts in order to resolve the dispute, in accordance with the provisions set out in Article 8 and taking the utmost account of any opinion adopted by BEREC.

4.  The procedure referred to in paragraph 2 shall not preclude either party from bringing an action before the courts.

"

24)   the following Article shall be inserted:"

Article 21a

Penalties

Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and the Specific Directives and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be appropriate, effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by ...(20) and shall notify it without delay of any subsequent amendment affecting them.

"

25)  Article 22 shall be amended as follows:

   (a) paragraph 3 shall be replaced by the following:"
3.  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof."
   (b) paragraph 4 shall be deleted.;

26)  Article 27 shall be deleted;

27)  Annex I shall be deleted;

28)  Annex II shall be replaced by the following:"

ANNEX II

Criteria to be used by national regulatory authorities in making an assessment of joint dominance in accordance with the second subparagraph of Article 14(2).

Two or more undertakings can be found to be in a joint dominant position within the meaning of Article 14 if, even in the absence of structural or other links between them, they operate in a market which is characterised by a lack of effective competition and in which no single undertaking has significant market power. In accordance with the applicable Community law and with the case-law of the Court of Justice of the European Communities on joint dominance ▌, this is likely to be the case where the market is concentrated and exhibits a number of appropriate characteristics of which the following may be the most relevant in the context of electronic communications:

   low elasticity of demand
   similar market shares
   high legal or economic barriers to entry
   vertical integration with collective refusal to supply
   lack of countervailing buyer power
   lack of potential competition.

The above is an indicative list and is not exhaustive, nor are the criteria cumulative. Rather, the list is intended to illustrate only the type of evidence that could be used to support assertions concerning the existence of joint dominance. ▌

"

Article 2

Amendments to Directive 2002/19/EC (Access Directive)

Directive 2002/19/EC is hereby amended as follows:

1)  Article 2 shall be amended as follows:

   (a) point (a) shall be replaced by the following:"
   (a) "access" means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services, including when they are used for the delivery of information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services and access to virtual network services.
"
   (b) point (e) shall be replaced by the following:"
   (e) "local loop" means the physical circuit connecting the network termination point to a distribution frame or equivalent facility in the fixed public electronic communications network.
"

2)  Article 4(1) shall be replaced by the following:"

1.  Operators of public communications networks shall have a right and, when requested by other undertakings so authorised in accordance with Article 4 of Directive 2002/20/EC (Authorisation Directive), an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services, in order to ensure provision and interoperability of services throughout the Community. Operators shall offer access and interconnection to other undertakings on terms and conditions consistent with obligations imposed by the national regulatory authority pursuant to Articles 5 to 8;

"

3)  Article 5 shall be amended as follows:

(a)   ║ paragraph 1 shall be amended as follows:

   (i) the first subparagraph shall be replaced by the following:"
  "1. National regulatory authorities shall, acting in pursuit of the objectives set out in Article 8 of Directive 2002/21/EC (Framework Directive), encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, efficient investment and innovation, and gives the maximum benefit to end-users."
   (ii) point (ab) shall be inserted:"
(ab) in justified cases and to the extent that is necessary, the obligations on undertakings that control access to end-users to make their services interoperable."
   (b) paragraph 2 shall be replaced by the following:"
2.  Obligations and conditions imposed in accordance with paragraph 1 shall be objective, transparent, proportionate and non-discriminatory, and shall be implemented in accordance with the procedures referred to in Articles 6, 7 and 7a of Directive 2002/21/EC (Framework Directive).;"
   (c) paragraph 3 shall be deleted;
   (d) paragraph 4 shall be replaced by the following:"
  "3. With regard to access and interconnection referred to in paragraph 1, Member States shall ensure that the national regulatory authority is empowered to intervene at its own initiative where justified in order to secure the policy objectives of Article 8 of Directive 2002/21/EC (Framework Directive), in accordance with the provisions of this Directive and the procedures referred to in Articles 6 and 7, 20 and 21 of Directive 2002/21/EC (Framework Directive)."

4)  Article 6(2) shall be replaced by the following:"

2.  In the light of market and technological developments, the Commission may adopt implementing measures to amend Annex I. The measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).

"

5)  Article 7 shall be deleted;

6)  Article 8 shall be amended as follows:"

   (a) in paragraph 1, the words "Articles 9 to 13" shall be replaced by the words "Articles 9 to 13a";
  (b) paragraph 3 shall be amended as follows:
  (i) the first subparagraph shall be amended as follows:

_____________________
* OJ L 24, 30.1.1998, p. 1.
** OJ L 201, 31.7.2002, p. 37.";
   in the first indent, the words "Articles 5(1), 5(2) and 6" shall be replaced by the words "Articles 5(1) and 6";
   in the second indent, "Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector*" shall be replaced by "Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)**
"

   (ii) the second subparagraph shall be replaced by the following:"
In exceptional circumstances, when a national regulatory authority intends to impose on operators with significant market power obligations for access or interconnection other than those set out in Articles 9 to 13 in this Directive, it shall submit this request to the Commission. The Commission shall take utmost account of the opinion of the Body of Europeans Regulators for Electronic Communications (BEREC)*. The Commission, acting in accordance with Article 14(2), shall take a decision authorising or preventing the national regulatory authority from taking such measures.
______________________________
* Regulation (EC) No …/2009 of the European Parliament and of the Council of ... [establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office]"

7)  Article 9 shall be amended as follows:

   (a) paragraph 1 shall be replaced by the following:"
1.  National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, terms and conditions for supply and use, including any conditions limiting access to and/or use of services and applications where such conditions are allowed by Member States in conformity with Community law, and prices."
   (b) paragraph 4 shall be replaced by the following:"
4.  Notwithstanding paragraph 3, where an operator has obligations under Article 12 concerning wholesale network infrastructure access, national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex II."
   (c) paragraph 5 shall be replaced by the following:"
5.  The Commission may adopt the necessary amendments to Annex II in order to adapt it to technological and market developments. The measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). In implementing the provisions of this paragraph, the Commission may be assisted by BEREC."

8)  Article 12 shall be amended as follows:

   (a) in paragraph 1, point (a) shall be replaced by the following:"
   (a) to give third parties access to specified network elements and/or facilities, including access to network elements which are not active and/or unbundled access to the local loop, to inter alia allow carrier selection and/or pre-selection and/or subscriber line resale offer;
"
   (b) in paragraph 1, point (f) shall be replaced by the following:"
   (f) to provide co-location or other forms of associated facilities sharing ;
"
   (c) in paragraph 1, the following point shall be added:"
   (j) to provide access to associated services such as identity, location and presence service.
"
   (d) in paragraph 2, the introductory phrase and point (a) shall be replaced by the following:"
2.  When national regulatory authorities are considering the obligations referred in paragraph 1, and in particular when assessing how such obligations would be imposed proportionate to the objectives set out in Article 8 of Directive 2002/21/EC (Framework Directive), they shall take account in particular of the following factors:
   (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts;
"
   (e) in paragraph 2, points (c) and (d) shall be replaced by the following:"
   (c) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;
   (d) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
"
   (f) the following paragraph 3 shall be added:"
3.  When imposing obligations on an operator to provide access in accordance with the provisions of this Article, national regulatory authorities may lay down technical or operational conditions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid down in accordance with Article 17 of Directive 2002/21/EC (Framework Directive)."

9)  Article 13(1) shall be replaced by the following:

"1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned may sustain prices at an excessively high level, or may apply a price squeeze, to the detriment of end-users. To encourage investments by the operator, including in next generation networks, national regulatory authorities shall take into account the investment made by the operator, and allow him a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.";

10)   the following Articles shall be inserted:"

Article 13a

Functional separation

1.  Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 9 to 13 have failed to achieve effective competition and that there are important and persisting competition problems and/or market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure, in accordance with the provisions of the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.

That business entity shall supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.

2.  When a national regulatory authority intends to impose an obligation for functional separation, it shall submit a proposal to the Commission that includes:

   (a) evidence justifying the conclusions of the national regulatory authority as referred to in paragraph 1;
   (b) a reasoned assessment that there is no or little prospect of effective and sustainable infrastructure-based competition within a reasonable timeframe;
   (c) an analysis of the expected impact on the regulatory authority, on the undertaking, in particular on the workforce of the separated undertaking and on the electronic communications sector as a whole, and on incentives to invest in a sector as a whole, particularly with regard to the need to ensure social and territorial cohesion, and on other stakeholders including, in particular, the expected impact on competition and any potential entailing effects on consumers;
   (d) an analysis of the reasons justifying that this obligation would be the most efficient means to enforce remedies aimed at addressing the competition problems/markets failures identified.

3.  The draft measure shall include the following elements:

   (a) the precise nature and level of separation, specifying in particular the legal status of the separate business entity;
   (b) an identification of the assets of the separate business entity, and the products or services to be supplied by that entity;
   (c) the governance arrangements to ensure the independence of the staff employed by the separate business entity, and the corresponding incentive structure;
   (d) rules for ensuring compliance with the obligations;
   (e) rules for ensuring transparency of operational procedures, in particular towards other stakeholders;
   (f) a monitoring programme to ensure compliance, including the publication of an annual report.

4.  Following the Commission's decision on the draft measure taken in accordance with Article 8(3), the national regulatory authority shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive). On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 6 and 7 of Directive 2002/21/EC (Framework Directive).

5.  An undertaking on which functional separation has been imposed may be subject to any of the obligations identified in Articles 9 to13 in any specific market where it has been designated as having significant market power in accordance with Article 16 of Directive 2002/21/EC (Framework Directive), or any other obligations authorised by the Commission pursuant to Article 8(3).

Article 13b

Voluntary separation by a vertically integrated undertaking

1.  Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with Article 16 of Directive 2002/21/EC (Framework Directive) shall inform the national regulatory authority in advance and in a timely manner, in order to allow the national regulatory authority to assess the effect of the intended transaction, when they intend to transfer their local access network assets or a substantial part thereof to a separate legal entity under different ownership, or to establish a separate business entity in order to provide to all retail providers, including its own retail divisions, fully equivalent access products.

Undertakings shall also inform the national regulatory authority of any change of that intent as well as the final outcome of the process of separation.

2.  The national regulatory authority shall assess the effect of the intended transaction on existing regulatory obligations under Directive 2002/21/EC (Framework Directive).

For that purpose, the national regulatory authority shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive).

On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 6 and 7 of Directive 2002/21/EC (Framework Directive).

3.  The legally and/or operationally separate business entity may be subject to any of the obligations identified in Articles 9 to 13 in any specific market where it has been designated as having significant market power in accordance with Article 16 of Directive 2002/21/EC (Framework Directive), or any other obligations authorised by the Commission pursuant to Article 8(3).

"

11)  Article 14 shall be amended as follows:

   (a) paragraph 3 shall be replaced by the following:"
3.  Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof."
   (b) paragraph 4 shall be deleted.

12)  Annex II shall be amended as follows:

   (a) the title shall be replaced by the following:"
Minimum list of items to be included in a reference offer for wholesale network infrastructure access, including shared or fully unbundled access to the local loop at a fixed location to be published by notified operators with significant market power (SMP);"
   (b) definition (a) shall be replaced by the following:"
   (a) "local sub-loop" means a partial local loop connecting the network termination point to a concentration point or a specified intermediate access point in the fixed public electronic communications network;
"
   (c) definition (c) shall be replaced by the following:"
   (c) "full unbundled access to the local loop" means the provision to a beneficiary of access to the local loop or local sub-loop of the SMP operator allowing the use of the full capacity of the network infrastructure;
"
   (d) definition (d) shall be replaced by the following:"
   (d) "shared access to the local loop" means the provision to a beneficiary of access to the local loop or local sub-loop of the SMP operator, allowing the use of a specified part of the capacity of the network infrastructure such as a part of the frequency or an equivalent;
"
   (e) in part A, points 1, 2 and 3 shall be replaced by the following:"
1.  Network elements to which access is offered covering in particular the following elements together with appropriate associated facilities:
   (a) unbundled access to local loops (full and shared);
   (b) unbundled access to local sub-loops (full and shared), including, when relevant, access to network elements which are not active for the purpose of roll-out of backhaul networks;
   (c) where relevant, duct access enabling the roll out of access networks.

2.  Information concerning the locations of physical access sites including cabinets and distribution frames, availability of local loops, sub-loops and backhaul in specific parts of the access network and when relevant, information concerning the locations of ducts and the availability within ducts;
3.  Technical conditions related to access and use of local loops and sub-loops, including the technical characteristics of the twisted pair and/or optical fibre and/or equivalent, cable distributors, and associated facilities and, when relevant, technical conditions related to access to ducts;"
   (f) in part B, point 1 shall be replaced by the following:"
1.  Information on the SMP operator's existing relevant sites or equipment locations and planned update thereof*.
________________________________
* Availability of this information may be restricted to interested parties only, in order to avoid public security concerns."

Article 3

Amendments to Directive 2002/20/EC (Authorisation Directive)

Directive 2002/20/EC is hereby amended as follows:

1)  Article 2(2) shall be replaced by the following:"

2.  The following definition shall also apply:

"general authorisation" means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive.

"

2)  In Article 3(2) the following subparagraph shall be added:"

Undertakings providing cross-border electronic communications services to undertakings located in several Member States shall not be required to submit more than one notification per Member State concerned.

"

3)  Article 5 shall be replaced by the following:"

Article 5

Rights of use for radio frequencies and numbers

1.  Member States shall facilitate the use of radio frequencies under general authorisations. Where necessary, Member States may grant individual rights of use in order to:

   avoid harmful interference,
   ensure technical quality of service,
   safeguard efficient use of spectrum, or
   fulfil other objectives of general interest as defined by Member States in conformity with Community law.

2.  Where it is necessary to grant individual rights of use for radio frequencies and numbers, Member States shall grant such rights, upon request, to any undertaking for the provision of networks or services under the general authorisation referred to in Article 3, subject to the provisions of Articles 6, 7 and 11(1)(c) of this Directive and any other rules ensuring the efficient use of those resources in accordance with Directive 2002/21/EC (Framework Directive).

Without prejudice to specific criteria and procedures adopted by Member States to grant rights of use of radio frequencies to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Community law, the rights of use for radio frequencies and numbers shall be granted through open, objective, transparent, non-discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 9 of Directive 2002/21/EC (Framework Directive). An exception to the requirement of open procedures may apply in cases where the granting of individual rights of use of radio frequencies to the providers of radio or television broadcast content services is necessary to achieve a general interest objective as defined by Member States in conformity with Community law.

When granting rights of use, Member States shall specify whether those rights can be transferred by the holder of the rights, and under which conditions. In the case of radio frequencies, such provision shall be in accordance with Articles 9 and 9b of Directive 2002/21/EC (Framework Directive).

Where Member States grant rights of use for a limited period of time, the duration shall be appropriate for the service concerned in view of the objective pursued taking due account of the need to allow for an appropriate period for amortisation of investment.

Where individual right to use radio frequencies are granted for ▌10 years or more and that may not be transferred or leased between undertakings pursuant to Article 9b of Directive 2002/21/EC (Framework Directive) ▌ the competent national authority shall ensure that the criteria to grant individual rights of use apply and are complied with for the duration of the licence, in particular upon a justified request of the holder of the right. If those criteria ▌ are no longer applicable, the individual right of use shall be changed into a general authorisation for the use of radio frequencies, subject to prior notice and after a reasonable period, or shall be made transferable or leaseable between undertakings in accordance with Article 9b of Directive 2002/21/EC (Framework Directive).

3.  Decisions on the granting of rights of use shall be taken, communicated and made public as soon as possible after receipt of the complete application by the national regulatory authority, within three weeks in the case of numbers that have been allocated for specific purposes within the national numbering plan and within six weeks in the case of radio frequencies that have been allocated to be used by electronic communications services within the national frequency plan. The latter time limit shall be without prejudice to any applicable international agreements relating to the use of radio frequencies or of orbital positions.

4.  Where it has been decided, after consultation with interested parties in accordance with Article 6 of Directive 2002/21/EC (Framework Directive), that rights for use of numbers of exceptional economic value are to be granted through competitive or comparative selection procedures, Member States may extend the maximum period of three weeks by up to a further three weeks.

With regard to competitive or comparative selection procedures for radio frequencies, Article 7 shall apply.

5.  Member States shall not limit the number of rights of use to be granted except where this is necessary to ensure the efficient use of radio frequencies in accordance with Article 7.

6.  Competent national authorities shall ensure that radio frequencies are efficiently and effectively used in accordance with Articles 8(2) and 9(2) of Directive 2002/21/EC (Framework Directive). They shall ensure competition is not distorted by any transfer or accumulation of rights of use of radio frequencies ▌. For such purposes, Member States may take appropriate measures such as mandating the sale or the lease of rights to use radio frequencies.

"

4)  Article 6 shall be amended as follows:

   (a) paragraph 1 shall be replaced by the following:"
1.  The general authorisation for the provision of electronic communications networks or services and the rights of use for radio frequencies and rights of use for numbers may be subject only to the conditions listed in Annex I. Such conditions shall be non-discriminatory, proportionate and transparent and, in the case of rights of use for radio frequencies, shall be in accordance with Article 9 of Directive 2002/21/EC (Framework Directive)."
   (b) in paragraph 2, the words "Articles 16, 17, 18 and 19 of Directive 2002/22/EC (Universal Service Directive)" shall be replaced by the words "Article 17 of Directive 2002/22/EC (Universal Service Directive)";
   (c) in paragraph 3, the word "Annex" shall be replaced by the words "Annex I";

5)  Article 7 shall be amended as follows:

  (a) paragraph 1 shall be amended as follows:
   (i) The introductory phrase shall be replaced by the following:"
1.  Where a Member State is considering whether to limit the number of rights of use to be granted for radio frequencies or whether to extend the duration of existing rights other than in accordance with the terms specified in such rights, it shall inter alia:"
   (ii) point (c) shall be replaced by the following:"
   (c) publish any decision to limit the granting of rights of use or the renewal of rights of use, stating the reasons therefore;
"
   (b) paragraph 3 shall be replaced by the following:"
3.  Where the granting of rights of use for radio frequencies needs to be limited, Member States shall grant such rights on the basis of selection criteria which must be objective, transparent, non-discriminatory and proportionate. Any such selection criteria must give due weight to the achievement of the objectives of Article 8 of Directive 2002/21/EC (Framework Directive) and of the requirements of Article 9 of that Directive."
   (c) in paragraph 5, the words "Article 9" shall be replaced by the words "Article 9b";

6)  Article 10 shall be amended as follows:

   (a) paragraph 1, 2 and 3 shall be replaced by the following:"
1.  National regulatory authorities shall monitor and supervise compliance with the conditions of the general authorisation or of rights of use and with the specific obligations referred to in Article 6(2), in accordance with Article 11.
National regulatory authorities shall have the power to require undertakings providing electronic communications networks or services covered by the general authorisation or enjoying rights of use for radio frequencies or numbers to provide all information necessary to verify compliance with the conditions of the general authorisation or of rights of use or with the specific obligations referred to in Article 6(2), in accordance with Article 11.
2.  Where a national regulatory authority finds that an undertaking does not comply with one or more of the conditions of the general authorisation or of rights of use, or with the specific obligations referred to in Article 6(2), it shall notify the undertaking of those findings and give the undertaking the opportunity to state its views, within a reasonable time limit.
3.  The relevant authority shall have the power to require the cessation of the breach referred to in paragraph 2 either immediately or within a reasonable time limit and shall take appropriate and proportionate measures aimed at ensuring compliance.
   (a) dissuasive financial penalties where appropriate, which may include periodic penalties having retroactive effect; and
   (b) orders to cease or delay provision of a service or bundle of services which, if continued, would result in significant harm to competition, pending compliance with access obligations imposed following a market analysis carried out in accordance with Article 16 of Directive 2002/21/EC (Framework Directive).

The measures and the reasons on which they are based shall be communicated to the undertaking concerned without delay and shall stipulate a reasonable period for the undertaking to comply with the measure."
   (b) paragraph 4 shall be replaced by the following:"
4.  Notwithstanding the provisions of paragraphs 2 and 3, Member States shall empower the relevant authority to impose financial penalties where appropriate on undertakings for failure to provide information in accordance with the obligations imposed under Article 11(1)(a) or (b) of this Directive and Article 9 of Directive 2002/19/EC (Access Directive) within a reasonable period stipulated by the national regulatory authority."
   (c) paragraph 5 shall be replaced by the following:"
5.  In cases of serious or repeated breaches of the conditions of the general authorisation or of the rights of use, or specific obligations referred to in Article 6(2), where measures aimed at ensuring compliance as referred to in paragraph 3 of this Article have failed, national regulatory authorities may prevent an undertaking from continuing to provide electronic communications networks or services or suspend or withdraw rights of use. Sanctions and penalties which are effective, proportionate and dissuasive may be applied to cover the period of any breach, even if the breach has subsequently been rectified."
   (d) paragraph 6 shall be replaced by the following:"
6.  Irrespective of the provisions of paragraphs 2, 3 and 5, where the relevant authority has evidence of a breach of the conditions of the general authorisation rights of use or of the specific obligations referred to in Article 6(2) that represents an immediate and serious threat to public safety, public security or public health or will create serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the radio spectrum, it may take urgent interim measures to remedy the situation in advance of reaching a final decision. The undertaking concerned shall thereafter be given a reasonable opportunity to state its views and propose any remedies. Where appropriate, the relevant authority may confirm the interim measures, which shall be valid for a maximum of 3 months, but which may, in circumstances where enforcement procedures have not been completed, be extended for a further period of up to three months."

7)  Article 11, paragraph 1 shall be amended as follows:

   (a) point (a) shall be replaced by the following:"
   (a) systematic or case-by-case verification of compliance with conditions 1 and 2 of Part A, conditions 2 and 6 of Part B and conditions 2 and 7 of Part C of the Annex I and of compliance with obligations as referred to in Article 6(2);
"
   (b) in point (b), the word "Annex" shall be replaced by "Annex I";
   (c) the following points shall be added:"
   (g) safeguarding the efficient use and ensuring the effective management of radio frequencies;
   (h) evaluating future network or service developments that could have an impact on wholesale services made available to competitors.
"
   (d) the second subparagraph shall be replaced by the following:"
The information referred to in points (a), (b), (d), (e), (f), (g) and (h) of the first subparagraph may not be required prior to, or as a condition for, market access."

8)  Article 14 shall be replaced by the following:"

Article 14

Amendment of rights and obligations

1.  Member States shall ensure that the rights, conditions and procedures concerning general authorisations and rights of use or rights to install facilities may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio frequencies. Except where proposed amendments are minor and have been agreed with the holder of the rights or general authorisation, notice shall be given in an appropriate manner of the intention to make such amendments and interested parties, including users and consumers, shall be allowed a sufficient period of time to express their views on the proposed amendments, which shall be no less than four weeks except in exceptional circumstances.

2.  Member States shall not restrict or withdraw rights to install facilities or rights of use for radio frequencies before expiry of the period for which they were granted except where justified and where applicable in conformity with Annex I and relevant national provisions regarding compensation for withdrawal of rights.

"

9)  Article 15(1) shall be replaced by the following:"

1.  Member States shall ensure that all relevant information on rights, conditions, procedures, charges, fees and decisions concerning general authorisations, rights of use and rights to install facilities is published and kept up to date in an appropriate manner so as to provide easy access to that information for all interested parties.

"

10)   in Article 17 paragraphs 1 and 2 shall be replaced by the following:"

1.  Without prejudice to Article 9a of Directive 2002/21/EC (Framework Directive), Member States shall bring general authorisations and individual rights of use already in existence on 31 December 2009 into conformity with Articles 5, 6, 7, and Annex I of this Directive within two years from the date of entry into force of this Directive at the latest.

2.  Where application of paragraph 1 results in a reduction of the rights or an extension of the general authorisations and individual rights of use already in existence, Member States may extend the validity of those authorisations and rights until 30 September 2012 at the latest, provided that the rights of other undertakings under Community law are not affected thereby. Member States shall notify such extensions to the Commission and state the reasons therefore.

"

11)   the Annex shall be amended as set out in the Annex to this Directive;

Article 4

Repeal

Regulation (EC) No 2887/2000 is hereby repealed.

Article 5

Transposition

1.  Member States shall adopt and publish by ...(21) the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of such provisions.

They shall apply those measures from ...(22)*.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 6

Entry into force

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 7

Addressees

This Directive is addressed to the Member States.

Done at ║,

For the European Parliament For the Council

The President The President

ANNEX

The Annex to Directive 2002/20/EC (Authorisation Directive) is amended as follows:

1.  The first paragraph is replaced by the following heading:"

The conditions listed in this Annex provide the maximum list of conditions which may be attached to general authorisations (Part A), rights to use radio frequencies (Part B) and rights to use numbers (Part C) as referred to in Article 6(1) and Article 11(1)(a), within the limits allowed under Articles 5, 6, 7, 8 and 9 of Directive 2002/21/EC (the Framework Directive).

"

2.  Part A is amended as follows:

   (a) Point 4 is replaced by the following:"
4.  Accessibility by end users of numbers from the national numbering plan, numbers from the European Telephone Numbering Space, the Universal International Freephone Numbers, and, where technically and economically feasible, from numbering plans of other Member States, and conditions in conformity with Directive 2002/22/EC (Universal Service Directive)."
   (b) Point 7 is replaced by the following:"
7.  Personal data and privacy protection specific to the electronic communications sector in conformity with Directive 2002/58/EC of the European Parliament and of the Council (Directive on privacy and electronic communications)*
______________________
* OJ L 201, 31.7.2002, p. 37."
   (c) Point 8 is replaced by the following:"
8.  Consumer protection rules specific to the electronic communications sector, including conditions in conformity with Directive 2002/22/EC (Universal Service Directive), and conditions on accessibility for users with disabilities in accordance with Article 7 of that Directive."
   (d) In point 11, the words "Directive 97/66/EC" are replaced by the words "Directive 2002/58/EC";
   (e) The following point is inserted:"
11a.  Terms of use for communications from public authorities to the general public for warning the public of imminent threats and for mitigating the consequences of major catastrophes."
   (f) Point 12 is replaced by the following:"
12.  Terms of use during major disasters or national emergencies to ensure communications between emergency services and authorities."
   (g) Point 16 is replaced by the following:"
16.  Security of public networks against unauthorised access according to Directive 2002/58/EC (Directive on Privacy and electronic communications)."
   (h) The following point is added:"
19.  Transparency obligations on public communications network providers providing electronic communications services available to the public to ensure end-to-end connectivity, in conformity with the objectives and principles set out in Article 8 of Directive 2002/21/EC (Framework Directive), disclosure regarding any conditions limiting access to and/or use of services and applications where such conditions are allowed by Member States in conformity with Community law, and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure."

3.  Part B is amended as follows:

   (a) Point 1 is replaced by the following:"
1.  Obligation to provide a service or to use a type of technology for which the rights of use for the frequency has been granted, including, where appropriate, coverage and quality requirements."
   (b) Point 2 is replaced with the following:"
2.  Effective and efficient use of frequencies in conformity with Directive 2002/21/EC (Framework Directive)."
   (c) The following point is added:"
9.  Obligations specific to an experimental use of radio frequencies."

4.  In part C, point 1 is replaced by the following:"

1.  Designation of service for which the number shall be used, including any requirements linked to the provision of that service and, for the avoidance of doubt, tariff principles and maximum prices that can apply in the specific number range for the purposes of ensuring consumer protection in accordance with Article 8(4)(b) of Directive 2002/21/EC (Framework Directive).

"

(1) Texts adopted, 24.9.2008, P6_TA(2008)0449.
(2) OJ C 224, 30.8.2008, p. 50.
(3) OJ C 257, 9.10.2008, p. 51.
(4) Opinion of the European Parliament of 24 September 2008 (not yet published in the Official Journal), Council Common Position of 16 February 2009 (OJ C 103 E, 5.5.2009, p.1) and Position of the European Parliament of 6 May 2009.
(5) OJ L 108, 24.4.2002, p. 33.
(6) OJ L 108, 24.4.2002, p. 7.
(7) OJ L 108, 24.4.2002, p. 21.
(8) OJ L 108, 24.4.2002, p. 51.
(9) OJ L 201, 31.7.2002, p. 37.
(10)+ OJ: Please insert number, date and publication reference of that Regulation.
(11) OJ L 91, 7.4.1999, p. 10.
(12) OJ L 108, 24.4.2002, p. 1.
(13) OJ L 198, 27.7.2002, p. 49.
(14) Regulation (EC) No 460/2004 of the European Parliament and of the Council (OJ L 77, 13.3.2004, p. 1).
(15) Commission Recommendation of 11 February 2003 on Relevant Product and Service Markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services (OJ L 114, 8.5.2003, p. 45).
(16) OJ L 336, 30.12.2000, p. 4.
(17) OJ L 184, 17.7.1999, p. 23.
(18)* The date of transposition of this Directive ;
(19)* The date of transposition of this Directive ;
(20)* The date of transposition of this Directive ;
(21)* 18 months after the date of adoption of the amending act.
(22)** one day after the date referred to in the first subparagraph.


Body of European Regulators for Electronic Communications (BEREC) and the Office ***II
PDF 191kWORD 34k
Resolution
Text
European Parliament legislative resolution of 6 May 2009 on the Council common position for adopting a regulation of the European Parliament and of the Council establishing the Group of European Regulators in Telecoms (GERT) (16498/1/2008 – C6-0067/2009 – 2007/0249(COD))
P6_TA(2009)0362A6-0271/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16498/1/2008 – C6-0067/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0699),

–   having regard to the amended Commission proposal (COM(2008)0720),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0271/2009),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at second reading on 6 May 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office

P6_TC2-COD(2007)0249


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 1211/2009.)

(1) Texts adopted, 24.9.2008, P6_TA(2008)0450.


Frequency bands for mobile communications ***I
PDF 191kWORD 33k
Resolution
Text
European Parliament legislative resolution of 6 May 2009 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (COM(2008)0762 – C6-0452/2008 – 2008/0214(COD))
P6_TA(2009)0363A6-0276/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0762),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0452/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy (A6-0276/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at first reading on 6 May 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Council Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community

P6_TC1-COD(2008)0214


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/114/EC.)


Equal treatment between men and women engaged in a self-employed capacity ***I
PDF 263kWORD 124k
Resolution
Consolidated text
European Parliament legislative resolution of 6 May 2009 on the proposal for a directive of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Directive 86/613/EEC (COM(2008)0636 – C6-0341/2008 – 2008/0192(COD))
P6_TA(2009)0364A6-0258/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0636),

–   having regard to Article 251(2) and Article 141(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0341/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Women's Rights and Gender Equality and the opinions of the Committee on Employment and Social Affairs and the Committee on Legal Affairs (A6-0258/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at first reading on 6 May 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC

P6_TC1-COD(2008)0192


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 141(3) thereof,

Having regard to the proposal from the Commission║,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1)  Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood(4) ensures application in Member States of the principle of equal treatment as between men and women engaged in an activity in a self-employed capacity, or contributing to the pursuit of such activity. As far as self-employed workers and assisting spouses are concerned, Directive 86/613/EEC has not been very effective and its scope should be reconsidered, given that discrimination based on sex and harassment also occur in areas outside salaried work. In the interest of clarity, Directive 86/613/EEC should be replaced by this Directive.

(2)  In its Communication of 1 March 2006 entitled "Roadmap for equality between women and men 2006-2010"(5), the Commission announced that in order to improve governance of gender equality, it would review the existing Community gender equality legislation not included in the 2005 recast exercise with a view to updating, modernising and recasting where necessary. Directive 86/613/EEC was not included in that recasting exercise.

(3)  In its conclusions of 5 and 6 December 2007 on "Balanced roles of women and men for jobs, growth and social cohesion"(6), the Council called on the Commission to consider the need to revise, if necessary, ║ Directive 86/613/EEC in order to safeguard the rights related to motherhood and fatherhood of self-employed workers and their assisting spouses.

(4)  The European Parliament has consistently called on the Commission to review ║ Directive 86/613/EEC, in particular so as to strengthen maternity protection for self-employed women and improve the situation of assisting spouses in agriculture, craft occupations, commerce, small and medium-sized enterprises (SMEs) and the liberal professions.

(5)  The European Parliament proposed, in its resolution of 21 February 1997 on the situation of the assisting spouses of the self-employed(7), the mandatory registration of assisting spouses so that they cease to be invisible workers, and an obligation on Member States to make it possible for assisting spouses to be members of sickness and invalidity insurance schemes and pension schemes for self-employed workers.

(6)  In its Communication entitled "Renewed Social Agenda: Opportunities, access and solidarity in 21st century Europe"(8), the Commission has affirmed the need to take action on the gender gap in entrepreneurship and to improve the reconciliation of private and professional life.

(7)  There are already a number of existing legal instruments implementing the principle of equal treatment between men and women in the field of self-employed activities, in particular Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security(9) and Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)(10). This Directive should not therefore ║ apply to the areas already covered by other directives.

(8)  This Directive should apply to self-employed workers and assisting spouses, as both participate in the activities of the business.

(9)  Assisting spouses should be given a clearly defined professional status and their rights should be established.

(10)  This Directive should not apply to matters covered by other Directives implementing the principle of equal treatment between men and women, notably Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services(11). In particular, Article 5 of Directive 2004/113/EC on insurance and related financial services remains applicable.

(11)  In order to prevent discrimination based on sex, this Directive should apply to both direct and indirect discrimination. Harassment and sexual harassment should be considered discrimination and therefore prohibited.

(12)  Member States may, under Article 141(4) of the Treaty, maintain or adopt measures providing for specific advantages, in order to make it easier for the under-represented sex to engage in self-employed activities or to prevent or compensate for disadvantages in their professional careers. In principle, affirmative action measures aimed at achieving equality in practice should not be seen as in breach of the legal principle of equal treatment between women and men.

(13)  In the area of self-employed activities, the application of the principle of equal treatment means that there must be no discrimination in relation to the establishment, management, equipment or extension of a business or any other form of self-employed activity.

(14)  It is necessary to ensure that there is no discrimination based on marital or family status as regards the conditions for setting up a company between spouses or between life partners when recognised by national law. For the purposes of this Directive, the terms 'marital status' and 'family business' should be interpreted in the light of the recognition accorded to life partnerships in the relevant judgments of the Court of Justice of the European Communities.

(15)  In view of their contribution to the family business, assisting spouses should be entitled ▌to benefit from at least an equal level of protection as self-employed workers, under the same conditions applicable to self-employed workers ▌. Member States should be required to take the necessary measures to make that choice possible. In any case, the level of protection of ▌assisting spouses should be proportionate to the degree to which they participate in the activities of the self-employed worker within the family business.

(16)  The economic and physical vulnerability of pregnant self-employed workers and assisting spouses makes it necessary for them to be granted the right to maternity leave, part of which should be considered mandatory. Member States remain competent to establish the level of contributions and all the arrangements concerning benefits and payments, provided that the minimum requirements of this Directive are complied with. Taking account of the specific situation of self-employed workers and assisting spouses, it should be for those workers and their spouses ultimately to decide whether or not to benefit from maternity leave.

(17)  In order to take the specificities of self-employed activities into account, female self-employed workers and assisting spouses should be able to choose, as far as possible, between a financial allowance and a temporary replacement during maternity leave.

(18)  Enhancing the efficiency and effectiveness of welfare systems, notably through improved incentives, better administration and evaluation and the prioritisation of spending programmes, has become crucial to ensure the long-term financial sustainability of European social models.▌

(19)  Persons who have been subject to discrimination based on sex should have adequate means of legal protection. In order to provide more effective protection, associations, organisations and other legal entities should be empowered to engage in proceedings, as Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.

(20)  Protection of self-employed workers and assisting spousesagainst discrimination based on sex should be strengthened by the existence of a body ▌in each Member State with competence to analyse the problems involved, to study possible solutions and to provide practical assistance to ║ victims. ▌

(21)  Since the objectives of the action to be taken, namely to ensure a common high level of protection from discrimination in all ║ Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the proposed action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in the same Article, this Directive does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter and scope

1.  This Directive lays down a framework for putting into effect in Member States the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, or contributing to the pursuit of such an activity, as regards those aspects not covered by Directives 2006/54/EC and 79/7/EEC.

2.  This Directive covers self-employed workers and assisting spouses.

3.  The implementation of the principle of equal treatment between men and women in the access to and supply of goods and services remains covered by Directive 2004/113/EC.

Article 2

Definitions

║ For the purposes of this Directive, the following definitions shall apply:

   (a) "self-employed workers" means all persons pursuing, under the conditions laid down by national law, a gainful activity for their own account,║ including in the areas of agriculture, the liberal professions, craft occupations, commerce and SMEs;
   (b) "assisting spouses" means the spouses or life partners of self-employed workers, when recognised by national law, not being employees or business partners, where they habitually, under the conditions laid down by national law, participate in the activities of the self-employed worker and perform the same tasks or ancillary tasks;
   (c) "direct discrimination" means a situation where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation;
   (d) "indirect discrimination" means a situation where an apparently neutral provision, criterion or practice puts persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary;
   (e) "harassment" means a situation where unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of that person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;
   (f) "sexual harassment" means a situation where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

Article 3

Family businesses

Member States shall ensure that there is no discrimination based on marital or family status as regards the conditions for setting up a company between spouses or between life partners when recognised by national law. All companies which are jointly established by spouses or life partners when recognised by national law shall be recognised as a "family business". The recognition of life partnerships shall be based on the relevant judgments of the Court of Justice of the European Communities.

Article 4

Principle of equal treatment

1.  The principle of equal treatment means that there shall be no discrimination whatsoever on grounds of sex, either directly or indirectly, by reference in particular to marital or family status, in particular in relation to the establishment, management, equipment or extension of a business or the launching or extension of any other form of self-employed activity.

2.  Harassment and sexual harassment shall be deemed to be discrimination on grounds of sex and therefore prohibited. A person's rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.

3.  An instruction to discriminate against persons on grounds of sex shall be deemed to be discrimination.

Article 5

Positive action

With a view to ensuring full equality in practice between men and women, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to sex aimed at, for instance, promoting entrepreneurship among women.

Article 6

Establishment of a company

Without prejudice to the specific conditions for access to certain activities which apply equally to both sexes, Member States shall take the measures necessary to ensure that the conditions for the establishment of a company between spouses or between life partners, when recognised by national law, are not more restrictive than the conditions for the establishment of a company with other persons.

Article 7

Social protection for assisting spousesand life partners

Member States shall take the necessary measures to ensure that assisting spouses and life partners can ▌benefit from at least an equal level of protection as self-employed workers under the same conditions applicable to self-employed workers. If this extension of benefits is not mandatory under the legislation of a particular Member State, it shall be granted upon a request made by an assisting spouse or life partner.

Those measures shall ensure that assisting spouses become members in their own right of the social insurance schemes in place for self-employed workers and covering sickness, invalidity and old age, provided that they contribute to those schemes on the same basis as self-employed workers and even if their contributions have to be calculated on a flat-rate basis.

The insurance contributions of assisting spouses shall be tax-deductible as operating expenditure, on terms similar to those applying to the remuneration actually paid to the spouse, subject to the dual condition that the services have been correctly provided and that the remuneration is that which is normal for such services.

Article 8

Maternity leave

1.  Member States shall take the necessary measures to ensure that female self-employed workers and assisting spouses are ▌entitled to a period of maternity leave adapted to their specific needs. The maternity leave should be of a duration of their choice provided that the total length does not exceed that specified in Council Directive 92/85/EEC(12).

2.  In order to ensure that the persons ║ referred to in paragraph 1 can exercise their rights as recognised in this Article, Member States shall take the measures to ensure that they receive an adequate allowance during their maternity leave.

3.  The allowance referred to in paragraph 2 shall be deemed adequate if it guarantees income at least equivalent to that which the person concerned would receive in the event of a break in her activities on grounds connected with her state of health or, if not applicable, any equivalent allowance established by national law, subject to any ceiling laid down under national legislation in so far as that ceiling does not lead to any discrimination.

4.  Member States shall take the necessary measures to ensure that female self-employed workers and assisting spouses have access ▌to services supplying temporary replacements or to any existing national social services, in addition to the allowance referred to in paragraph 2.

Article 9

Recognition of the work of assisting spouses

Member States shall undertake to examine under what conditions recognition of the work of assisting spouses may be encouraged and, in the light of such examination, consider any appropriate steps for encouraging such recognition.

Article 10

Defence of rights

1.  Member States shall ensure that effective judicial or administrative proceedings, including, where Member States consider it appropriate, conciliation procedures, are available for the enforcement of the obligations under this Directive to all persons who consider they have sustained loss or damage as a result of a failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

2.  Member States shall ensure that associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with may engage, on behalf or in support of the complainant, with his or her approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.

3.  Paragraphs 1 and 2 shall be without prejudice to national rules on time limits for bringing actions relating to the principle of equal treatment.

Article 11

Compensation or reparation

Member States shall introduce such measures into their national legal systems as are necessary to ensure real, effective compensation or reparation, as Member States so determine, for the loss or damage sustained by a person as a result of discrimination within the meaning of this Directive, such compensation or reparation being dissuasive and proportionate to the loss or damage suffered. Such compensation or reparation shall not a priori be limited by a fixed upper limit ║.

Article 12

Equality bodies

1.  Member States shall designate and make the necessary arrangements for a body or bodies responsible for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex. Such bodies may form part of agencies entrusted at national level with the defence of human rights or the safeguard of individuals' rights, or the implementation of the principle of equal treatment.

2.  Member States shall ensure that the tasks of the body referred to in paragraph 1 include:

   (a) providing independent assistance to victims of discrimination in pursuing their complaints of discrimination, without prejudice to the rights of victims and of associations, organisations and other legal entities referred to in Article 8(2);
   (b) conducting independent surveys on discrimination;
   (c) publishing independent reports and making recommendations on any issue relating to such discrimination;
   (d) exchanging, at the appropriate level, the information available with the equivalent European bodies, such as the European Institute for Gender Equality.

Article 13

Gender mainstreaming

Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive.

Article 14

Dissemination of information

Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force, are brought by all appropriate means, including the Internet, to the attention of the persons concerned throughout their territory.

Article 15

Level of protection

The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the fields covered by this Directive.

Article 16

Reports

1.  Member States shall communicate all available information concerning the application of this Directive to the Commission by ...(13).

The Commission shall draw up a summary report for submission to the European Parliament and to the Council no later than ...(14)+. Where appropriate, that report shall be accompanied by proposals for amending this Directive.

2.  The Commission's report shall take into account the views of the stakeholders ║.

Article 17

Review

No later than ...(15)++, the Commission shall review the operation of this Directive and, where appropriate, propose any amendments it deems necessary.

Article 18

Implementation

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...(16) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.  Where justified by particular difficulties, Member States may, if necessary, have an additional period of ...(17)+ to comply with this Directive.

3.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 19

Minimum requirements

Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment than those laid down in this Directive.

Article 20

Repeal

║ Directive 86/613/EEC shall be repealed with effect from ...+.

Article 21

Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 22

Addressees

This Directive is addressed to the Member States.

Done at ║,

For the European Parliament For the Council

The President The President

(1) Opinion of 24 March 2009 (not yet published in the OJ).
(2) OJ C , p. .
(3) Position of the European Parliament of 6 May 2009.
(4) OJ L 359, 19.12.1986, p. 56.
(5) COM(2006)0092.
(6) ║Document SOC 385.
(7) OJ C 85, 17.3.1997, p. 186.
(8) COM(2008)0412.
(9) OJ L 6, 10.1.1979, p. 24.
(10) OJ L 204, 26.7.2006, p. 23.
(11) OJ L 373, 21.12.2004, p. 37.
(12) OJ L 348, 28.11.1992, p. 1.
(13)+ Four years after entry into force of this Directive.
(14)++ Five years after entry into force of this Directive.
(15)+++ Six years after entry into force of this Directive.
(16)+ Two years after entry into force of this Directive.
(17)++ Threeyears after entry into force of this Directive.


European Globalisation Adjustment Fund ***I
PDF 193kWORD 33k
Resolution
Text
European Parliament legislative resolution of 6 May 2009 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (COM(2008)0867 – C6-0518/2008 – 2008/0267(COD))
P6_TA(2009)0365A6-0242/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0867),

–   having regard to Article 251(2) and Article 159, third paragraph of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0518/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Regional Development (A6-0242/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at first reading on 6 May 2009 with a view to the adoption of Regulation (EC) No ..../2009 of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund

P6_TC1-COD(2008)0267


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 546/2009.)


Economic Recovery Programme: energy projects ***I
PDF 207kWORD 75k
Resolution
Text
Annex
European Parliament legislative resolution of 6 May 2009 on the proposal for a regulation of the European Parliament and of the Council establishing a programme to aid economic recovery by granting Community financial assistance to projects in the field of energy (COM(2009)0035 – C6-0049/2009 – 2009/0010(COD))
P6_TA(2009)0366A6-0261/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0035),

–   having regard to Article 251(2) and Articles 156 and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0049/2009),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets and the Committee on Regional Development (A6-0261/2009),

1.  Approves the Commission proposal as amended;

2.  Takes note of the Commission declaration annexed to this resolution;

3.  Considers that the reference amount indicated in the legislative proposal is compatible with the multiannual financial framework as the latter has been revised;

4.  Recalls that any redeployment that would lead to any negative impact on other EU policies by diminishing the funds allocated to them must be avoided;

5.  Recalls that the annual amount will be decided within the annual budgetary procedure, in accordance with the provisions of Point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1);

6.  Notes that since the financing of the programme has now been agreed, the legislative process can be completed;

7.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

8.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at first reading on 6 May 2009 with a view to the adoption of a Regulation (EC) No .../2009 of the European Parliament and of the Council establishing a programme to aid economic recovery by granting Community financial assistance to projects in the field of energy

P6_TC1-COD(2009)0010


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 663/2009.)

ANNEX

COMMISSION DECLARATION

"The Commission underlines that energy efficiency and renewable energy sources are key priorities of EU energy policy, both for environmental and for security of supply reasons. In this respect, the Regulation will contribute to these priorities by giving substantial support to offshore wind projects.

The Commission recalls in this context the various other new initiatives supporting energy efficiency and renewable energy sources, suggested by the Commission notably in its European Recovery Plan, which was endorsed by the European Council of December 2008. These include:

A modification to the ERDF Regulation to allow investments up to €8 billion in energy efficiency and renewable energies in housing in all the Member States. A public-private partnership on a "European energy-efficient buildings" initiative to promote green technologies and the development of energy-efficient systems and materials in new and renovated buildings. The estimated envelope for this action is €1 billion: €500 million from existing EC FP7 budget over the years 2010 to 2013 and €500 million from industry.

The EC-EIB initiative "EU Sustainable Energy Financing Initiative". It aims at enabling investments for energy efficiency and renewable energy projects in urban settings. The Commission finances a technical assistance facility from the Intelligent Energy Europe programme (annual allocation of 15 M€ for 2009). This facility, managed by the EIB, will facilitate access to EIB loans with substantial leverage effects.

The creation by EU institutional investors - led by the EIB - of a market oriented equity fund, called Marguerite: the 2020 European Fund for Energy, Climate Change and Infrastructure. This Fund would invest in the areas of energy and climate change (TEN-E, sustainable energy production, renewable energy, new technologies, energy efficiency investments, security of supply, as well as environmental infrastructure). The Commission supports this initiative.

Furthermore, the Commission will present before the end of November 2009 the revision of the energy efficiency action plan as demanded by Council (Conclusions of the European Council of March 2009) and Parliament (EP Resolution P6_TA(2009)0064).

There is agreement among experts that energy efficiency is the cheapest available option to reduce greenhouse gas emissions. The Commission will provide by November 2009 a detailed analysis of the obstacles for increased energy efficiency investments. It will in particular examine whether there is a need for increased financial incentives in the form of low-interest loans and/or grants, how the European budget could be used to this end, and, if appropriate, the Commission will include, inter alia, additional funds for financing of energy efficiency in the new EU Energy Security and Infrastructure Instrument, to be presented in 2010.

When reviewing the energy efficiency action plan, the Commission will pay particular attention to the neighbourhood dimension of energy efficiency. It will analyze how it can give financial and regulatory incentives to neighbourhood countries to step up their investments in energy efficiency.

Should the Commission, when reporting in 2010 on the implementation of the Regulation under its Article 28, find that it will not be possible to commit by the end of 2010 a part of the funds foreseen for the projects listed in the annex to the Regulation, the Commission will propose, if appropriate, an amendment to the Regulation allowing for the financing of projects in the area of energy efficiency and renewable energy sources, in addition to the above initiatives, including eligibility criteria, similar to those applying to projects in the Annex to this Regulation."

(1) OJ C 139, 14.6.2006, p. 1.


Credit requirements directives ***I
PDF 195kWORD 70k
Resolution
Text
European Parliament legislative resolution of 6 May 2009 on the proposal for a directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management (COM(2008)0602 – (C6-0339/2008 – 2008/0191(COD))
P6_TA(2009)0367A6-0139/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and to the Council (COM(2008)0602),

–   having regard to the draft Commission directive amending certain annexes to Directive 2006/48/EC of the European Parliament and of the Council as regards technical provisions concerning risk management and Parliament's resolution of 16 December 2008 thereon(1),

–   having regard to Article 251(2) and Article 47(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0339/2008),

–   having regard to the undertaking given by the Council representative by letter of 29 April 2009 to adopt the proposal as amended, in accordance with the first indent in the second subparagraph of Article 251(2) of the EC Treaty,

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6-0139/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at first reading on 6 May 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management

P6_TC1-COD(2008)0191


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/111/EC.)

(1) Texts adopted, P6_TA(2008)0607.


Community programme for financial services, financial reporting and auditing ***I
PDF 215kWORD 59k
Resolution
Text
Annex
European Parliament legislative resolution of 6 May 2009 on the proposal for a decision of the European Parliament and of the Council establishing a Community programme to support specific activities in the field of financial services, financial reporting and auditing (COM(2009)0014 – C6-0031/2009 – 2009/0001(COD))
P6_TA(2009)0368A6-0246/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0014),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0031/2009),

–   having regard to the undertaking given by the Council representative by letter of 6 May 2009 to adopt the proposal as amended, in accordance with the first indent in the second subparagraph of Article 251(2) of the EC Treaty,

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Legal Affairs and the Committee on Budgets (A6-0246/2009),

1.  Approves the Commission proposal as amended;

2.  Considers that the reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the multiannual financial framework for 2007 to 2013 and points out that the annual amount will be decided within the annual budgetary procedure in accordance with Point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1) (IIA);

3.  Considers that Point 47 of the IIA applies in the event that the European bodies co-financed by the programme to support specific activities in the field of financial services, financial reporting and auditing become agencies;

4.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

5.  Approves of its statement annexed to this resolution;

6.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at first reading on 6 May 2009 with a view to the adoption of Decision No ... /2009/EC of the European Parliament and of the Council establishing a Community programme to support specific activities in the field of financial services, financial reporting and auditing

P6_TC1-COD(2009)0001


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Decision No 716/2009/EC.)

ANNEX

Statement by the European Parliament

The worsening of the financial crisis has emphasised the need urgently to strengthen supervisory convergence and cooperation at the EU level. The development of common information technology tools and a common supervisory culture by the three EU Committees of Supervisors, CESR, CEBS and CEOIPS are two instruments by which to achieve that aim.

As a result, and pending the entry into force of the Community Programme for the period 2010-2013, the European Parliament and the Council invite the Commission to proceed with the proposal to provide interim financing to the three EU Committees of Supervisors in 2009 by way of a Commission decision along the following lines:

·  Interim Commission financing for 2009 will be identified within the framework of the implementation and development of the internal market for the year 2009 under budget line 12.0201. That interim funding will therefore come out of the Commission's existing budget, from amounts already allocated by the budgetary authorities to the Internal Market and Services Directorate General for 2009. The funding decision itself will thus take the form of a Commission decision.

·  The Commission will provide the three EU Committees of Supervisors with limited action grants to finance (i) sectoral and cross-sectoral training projects developed by each of the three EU Committees of Supervisors and (ii) in the case of CESR, a specific IT project under the Transaction Reporting Exchange Mechanism (TREM), provided for under the Directive on markets in financial instruments (MiFID)(2), namely the extension of TREM to cover over-the-counter derivatives. Those are strategic projects that have been identified as priorities by the three EU Committees of Supervisors.

·  The total amount of the Commission interim funding for 2009 will not exceed EUR 500 000 and should cover part of the cost of the identified projects and trainings put forward by the EU Committees of Supervisors for 2009.

The Commission decision on interim funding for 2009 is justified because of the exceptional circumstances of the ongoing financial crisis and because the contemplated Community Programme will enter into force only from 2010 onwards. That decision is therefore not intended to constitute a precedent.

(1) OJ C 139, 14.6.2006, p. 1.
(2) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (OJ L 145, 30.4.2004, p. 1).


The protection of animals at the time of killing *
PDF 531kWORD 310k
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council regulation on the protection of animals at the time of killing (COM(2008)0553 – C6-0451/2008 – 2008/0180(CNS))
P6_TA(2009)0369A6-0185/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0553),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0451/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0185/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and the Commission.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Title
Proposal for a Council regulation on the protection of animals at the time of killing
Proposal for a Council regulation on the protection of animals at the time of slaughter and killing
Amendment 2
Proposal for a regulation
Recital 6
(6)  The European Food Safety Authority (EFSA) has adopted two opinions on the welfare aspects of the main systems of stunning and killing of certain species of animals, namely on the Welfare aspects of the main systems of stunning and killing the main commercial species of animals, in 2004 and on the welfare aspects of the main systems of stunning and killing applied to commercially farmed deer, goats, rabbits, ostriches, ducks, geese and quail, in 2006. Community legislation in this area should be updated to take into account those scientific opinions. Recommendations to phase out the use of carbon dioxide for pigs and poultry, as well as to phase out the use of waterbath stunners for poultry were not included in the proposal because the impact assessment revealed that they were not economically viable at present in the EU. Furthermore other recommendations should not be part of this Regulation because they refer to technical parameters that should be part of implementing measures or codes of good practices. Recommendations on farm fish were not included in the proposal because there was a need for further scientific opinion and economic evaluation in this field.
(6)  The European Food Safety Authority (EFSA) has adopted two opinions on the welfare aspects of the main systems of stunning and killing of certain species of animals, namely on the Welfare aspects of the main systems of stunning and killing the main commercial species of animals, in 2004 and on the welfare aspects of the main systems of stunning and killing applied to commercially farmed deer, goats, rabbits, ostriches, ducks, geese and quail, in 2006. In 2001 the Scientific Committee on Animal Health and Animal Welfare (SCAHAW) adopted a report on The Welfare of Animals Kept for Fur Production which included an analysis of the killing methods used in fur farms. Community legislation in this area should be updated to take into account those scientific opinions. Recommendations to phase out the use of carbon dioxide for pigs and poultry were not included in the proposal because the impact assessment revealed that they were not economically viable at present in the EU. Furthermore other recommendations should not be part of this Regulation because they refer to technical parameters that should be part of implementing measures or codes of good practices. Recommendations on farm fish were not included in the proposal because there was a need for further scientific opinion and economic evaluation in this field.
Amendment 3
Proposal for a regulation
Recital 15
(15)  The Protocol on protection and welfare of animals also underlines the need to respect the legislative or administrative provisions and customs of the Member States relating, in particular, to religious rites, cultural traditions and regional heritage when formulating and implementing the Community's policies on inter alia agriculture and the internal market. It is therefore appropriate to exclude from the scope of this Regulation cultural events, where compliance with animal welfare requirements would adversely affect the very nature of the event concerned.
(15)  The Protocol on protection and welfare of animals also underlines the need to respect the legislative or administrative provisions and customs of the Member States relating, in particular, to religious rites, cultural traditions or traditions of religious origin and regional heritage when formulating and implementing the Community's policies on inter alia agriculture and the internal market. It is therefore appropriate to exclude from the scope of this Regulation cultural, religious and traditional events, where compliance with animal welfare requirements would adversely affect the very nature of the event concerned.
Amendment 4
Proposal for a regulation
Recital 16
(16)  In addition, cultural traditions refer to an inherited, established, or customary pattern of thought, action or behaviour which includes in fact the concept of something transmitted by or acquired from a predecessor. They contribute to foster long-standing social links between generations. Provided that those activities do not affect the market of animal products and are not motivated by production purposes, it is appropriate to exclude killings of animals taking place during those events from the scope of this Regulation.
(16)  In addition, cultural traditions or traditions of religious origin refer to an inherited, established, or customary pattern of thought, action or behaviour which includes in fact the concept of something transmitted by or acquired from a predecessor. They contribute to foster long-standing social links between generations. Provided that those activities do not affect the market of animal products, it is appropriate to exclude the slaughter of animals taking place during those events from the scope of this Regulation.
Amendment 5
Proposal for a regulation
Recital 22 a (new)
(22a)  The above-mentioned new challenges will inevitably have significant financial implications for Union operators. In order to comply with the rules laid down in this Regulation, adequate EU funding should be made available to offer the financial support required to enable the Union sector to show leadership on animal welfare in the international context.
Amendment 6
Proposal for a regulation
Recital 24
(24)  Depending on how they are used during the slaughtering or killing process, some stunning methods can lead to death while avoiding pain and minimising distress or suffering for the animals. Consequently, it is not necessary to make a distinction between reversible and non-reversible methods of stunning.
(24)  Depending on how they are used during the slaughtering or killing process, some stunning methods can lead to death while avoiding pain and minimising distress or suffering for the animals.
Amendment 7
Proposal for a regulation
Recital 32
(32)  Regulation (EC) No 854/2004 provides for a list of establishments from which imports into the Community of specified products of animal origin are permitted. The general requirements and the additional requirements applicable to slaughterhouses laid down in this Regulation should be taken into account for the purposes of that list.
(32)  Regulation (EC) No 854/2004 provides for a list of establishments from which imports into the Community of specified products of animal origin are permitted. The general requirements and the additional requirements applicable to slaughterhouses laid down in this Regulation should be taken into account for the purposes of that list. The Commission should ensure that importation of meat and meat products from third countries destined for the internal market comply with the general rules laid down in this regulation.
Amendment 8
Proposal for a regulation
Recital 33
(33)  Slaughterhouses and the equipment used therein are designed for particular categories of animals and capacities. Where those capacities are exceeded or the equipment is used for purposes for which it was not designed, it has a negative impact on the welfare of animals. Information on these aspects should therefore be communicated to the competent authorities and should be part of the approval procedure for slaughterhouses.
(33)  Slaughterhouses and the equipment used therein are designed for particular categories of animals and capacities. Where those capacities are exceeded or the equipment is used for purposes for which it was not designed, it has a negative impact on the welfare of animals. Information on these aspects should therefore be communicated to the competent authorities and should be part of the approval procedure for slaughterhouses. Small, regularly inspected slaughterhouses with a slaughter capacity of up to 50 livestock units per week or 150 000 units of poultry per annum which mainly sell food directly to the final consumer do not require an onerous permit procedure in order to comply with the principles of this Regulation,
Amendment 9
Proposal for a regulation
Recital 34 a (new)
(34a)  It is necessary to avoid the suffering of animals due to fear and stress before slaughter. It is therefore appropriate to design the construction of slaughterhouses, plan slaughterhouse procedures and train staff in such a way as to prevent animals from suffering stress, fear and pain between unloading and slaughter.
Amendment 10
Proposal for a regulation
Recital 35
(35)  Science and technical progress are regularly made with regard to the construction, layout and equipment of slaughterhouses. It is therefore important that the Community authorises the Commission for amending the requirements applicable to the construction, layout and equipment of slaughterhouses while keeping a uniform and high level of protection for animals.
(35)  Science and technical progress are regularly made with regard to the construction, layout and equipment of slaughterhouses. It is therefore important that the Community authorises the Commission for amending the requirements applicable to the construction, layout and equipment of slaughterhouses while keeping a uniform and high level of protection for animals. Efforts to develop better stunning procedures should be constantly ongoing. Research should also be stepped up in the field of alternatives to slaughtering surplus chicks.
Amendment 11
Proposal for a regulation
Recital 37
(37)   Killing without stunning requires an accurate cut of the throat to minimise suffering. In addition, animals that are not mechanically restrained after the cut are likely to slow down the bleeding process, thereby prolonging unnecessarily the suffering of the animals. Animals slaughtered without stunning should therefore be individually restrained.
(37)   Slaughter without stunning requires an accurate cut of the throat to minimise suffering. In addition, animals that are not mechanically restrained after the cut are likely to slow down the bleeding process, thereby prolonging unnecessarily the suffering of the animals. Animals slaughtered without stunning should therefore be individually restrained and receive effective stunning immediately after the cut.
Amendment 12
Proposal for a regulation
Recital 38
(38)  Science and technical progress are regularly made with regard to the handling and restraining of animals at slaughterhouses. It is therefore important that the Community authorises the Commission for amending the requirements applicable to the handling and restraining of animals before slaughter while keeping a uniform and high level of protection for animals.
(38)  Science and technical progress are regularly made with regard to the handling and restraining of animals at slaughterhouses and fur factory farms. It is therefore important that the Community authorises the Commission for amending the requirements applicable to the handling and restraining of animals before killing while keeping a uniform and high level of protection for animals.
Amendment 13
Proposal for a regulation
Article 1 – paragraph 2 – point a – sub-point i
i) during technical or scientific experiments carried out under the supervision of the competent authority;
i) in the context of the activities regulated by Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes1;
__________
1 OJ L 358, 18.12.1986, p. 1.
Amendment 14
Proposal for a regulation
Article 1 – paragraph 2 – point a – sub-point ii
ii) during hunting activities;
ii) during hunting or recreational fishing activities;
Amendment 15
Proposal for a regulation
Article 1 – paragraph 2 – point a – sub-point iv a (new)
iva) for major religious festivities involving traditional sacrifices for direct consumption, for example at Easter or Christmas and only for a period of ten days preceding the relevant dates.
Amendment 16
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
b a) semi-domesticated deer, shot in the field and processed through a game farm facility
Amendment 17
Proposal for a regulation
Article 2 – point b
(b) "related operations" means operations such as handling, lairaging, restraining, stunning and bleeding of animals taking place in the context and at the location where they are to be killed;
(b) "related operations" means operations such as handling, unloading, lairaging, restraining, stunning and bleeding of animals taking place in the context and at the location where they are to be slaughtered;
Amendment 18
Proposal for a regulation
Article 2 – point b a (new)
ba) "competent authority" means the central authority of a Member State competent to ensure compliance with the requirements of this Regulation, or any other authority to which that central authority has delegated that competence;
Amendment 19
Proposal for a regulation
Article 2 – point d a (new)
da) "unconsciousness" means a state of unawareness in which there is temporary or permanent disruption to brain function and after which the animal is unable to respond to normal stimuli, including pain;
Amendment 20
Proposal for a regulation
Article 2 – point f
f) "stunning" means any intentionally induced process which causes loss of consciousness and sensibility without pain, including any process resulting in instantaneous death;
f) "stunning" means any intentionally induced process which causes loss of consciousness and sensibility, including any process resulting in instantaneous death;
Amendment 21
Proposal for a regulation
Article 2 – point g
g) "religious rite" means a series of acts related to the slaughter of animals and prescribed by a religion such as Islam or Judaism;
g) "religious rite" means a series of acts related to the slaughter of animals and prescribed by a religion or occasioned by specific religious festivities;
Amendment 22
Proposal for a regulation
Article 2 – point k
k) "slaughterhouse" means any establishment used for slaughtering terrestrial animals;
k) "slaughterhouse" means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption;
Amendment 23
Proposal for a regulation
Article 2 – point m
m) "fur animals" means animals of the mammal species primarily reared for the production of fur such as minks, polecats, foxes, raccoons, coypu and chinchillas;
m) "fur animals" means animals of the mammal species primarily reared for the production of fur such as minks, polecats, foxes, raccoons, raccoon dogs, coypu, rabbits and chinchillas;
Amendment 24
Proposal for a regulation
Article 3 – paragraph 2 – point a
a) are provided with physical comfort and protection, in particular by being kept clean, under thermal comfort and prevented from falling or slipping;
a) are provided with physical comfort and protection, in particular by being kept under thermal comfort and prevented from falling or slipping;
Amendment 25
Proposal for a regulation
Article 3 – paragraph 2 – point d
d) do not show signs of pain, fear, aggression or other abnormal behaviour;
d) do not show signs of pain, aggression or other abnormal behaviour;
Amendment 26
Proposal for a regulation
Article 3 – paragraph 2 – point f
f) are prevented from adverse interaction.
deleted
Amendment 119
Proposal for a regulation
Article 3 – paragraph 3 a (new)
3a.  Killing of surplus one-day chicks, by whatever means, shall no longer be permitted once appropriate alternatives to the killing of these animals are available.
Amendment 27
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
2.   By way of derogation from paragraph 1, where such methods are prescribed by religious rites, animals may be killed without prior stunning, provided that the killing takes place in a slaughterhouse.
2.   In accordance with religious rites, animals may be slaughtered without prior stunning, provided that the slaughtering takes place in a slaughterhouse.
Amendment 28
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
However, Member States may decide not to apply that derogation.
deleted
Amendment 29
Proposal for a regulation
Article 5 – paragraph 1
1.  Stunning shall be carried out in accordance with the methods set out in Annex I.
1.  Stunning shall be carried out in accordance with the methods set out in Annex I. In order to take account of scientific and technical progress, the Commission may approve new stunning methods on the basis of an assessment by the European Food Safety Authority and in accordance with the procedure referred to in Article 22(2).
Amendment 30
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
2.  The personnel responsible for stunning shall carry out regular checks to ensure that the animals do not present any signs of consciousness or sensibility in the period between the end of the stunning process and the confirmation of death.
2.  The personnel responsible for stunning shall carry out regular checks to ensure that the animals do not present any signs of consciousness or sensibility in the period between the end of the stunning process and death.
Amendment 31
Proposal for a regulation
Article 5 – paragraph 2 a (new)
2a.  Bleeding shall start as soon as possible after stunning.
Amendment 32
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
However, any such amendments must ensure a level of animal welfare at least equivalent to that of the existing methods as demonstrated by scientific evidence published in appropriate, internationally recognised, peer reviewed journals.
However, any such amendments must ensure a level of animal welfare at least equivalent to that of the existing methods as demonstrated by appropriate scientific evidence.
Amendment 33
Proposal for a regulation
Article 5 – paragraph 4
4.  Community Codes of good practices concerning the methods set out in Annex I may be adopted in accordance with the procedure referred to in Article 22(2).
4.  Community guidelines for the drawing up of procedures and implementation of rules concerning the methods set out in Annex I may be adopted in accordance with the procedure referred to in Article 22(2).
Amendment 34
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
2.  Operators shall draw up and implement such standard operating procedures to ensure that killing and related operations are carried out in accordance with Article 3(1).
2.  Operators shall draw up and implement such standard operating procedures to ensure that slaughter and related operations are carried out in accordance with Article 3(1). To that effect, the procedures laid down in Article 5 of Regulation (EC) No 852/2004 may be applied to slaughterhouses.
Amendment 35
Proposal for a regulation
Article 6 – paragraph 3
3.  The standard operating procedures shall be made available to the competent authority upon request.
3.  The standard operating procedures shall be made available to the competent authority upon request. The official veterinarian shall be notified in writing whenever standard operating procedures have changed.
Amendment 36
Proposal for a regulation
Article 6 – paragraph 3 a (new)
3a.  The competent authority may amend standard operating procedures when they are clearly not in line with the general, rules and requirements laid down in this regulation.
Amendment 120
Proposal for a regulation
Article 6 - paragraph 3 b (new)
3b.  Paragraphs 1 to 3 shall not apply to the killing of animals at slaughterhouses where not more than 50 livestock units per week are slaughtered.
Amendment 37
Proposal for a regulation
Article 7 – paragraph 2 – point a
a) the handling and care of animals before they are restrained;
a) driving of animals for the purposes of restraint, stunning or slaughter;
Amendment 38
Proposal for a regulation
Article 7 – paragraph 2 – point f
f) the bleeding of live animals.
f) the bleeding of live animals and/or the slaughter methods referred to in Article 4(2).
Amendment 39
Proposal for a regulation
Article 7 – paragraph 2 – point f a (new)
(fa) the killing of fur animals
Amendment 40
Proposal for a regulation
Article 7 – paragraph 3
3.  The killing of fur animals shall be supervised by a person holding a certificate of competence as referred to in Article 18 which corresponds to all the operations carried out under his supervision.
deleted
Amendment 41
Proposal for a regulation
Article 8 – point a
a) the categories or weights of animals for which the equipment is intended to be used;
a) the species or weights of animals for which the equipment is intended to be used;
Amendment 42
Proposal for a regulation
Article 8 – point c a (new)
(ca) maintenance and calibration methods for that equipment.
Amendment 43
Proposal for a regulation
Article 9 – paragraph 2
2.  During slaughter operations, appropriate back-up stunning equipment shall be immediately available on-the-spot and used in the case of failure of the stunning equipment initially used.
2.  During slaughter operations, an appropriate back-up stunning method shall be immediately available on-the-spot and used in the case of failure of the stunning equipment initially used. Where this back-up stunning method concerns heavy installations, mobile equipment will be appropriate.
Amendment 44
Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a.  No animal shall be restrained if the slaughterer responsible for stunning or slaughtering that animal is not ready to do so.
Amendment 45
Proposal for a regulation
Article 10
The requirements laid down in Chapters II and III of this Regulation shall be relevant for the purposes of Article 12(2)(a) of Regulation (EC) No 854/2004.
In the course of an inspection of slaughterhouses or establishments which have been, or are to be, approved in third countries for the purpose of being able to export to the European Union in accordance with EU legislation, the Commission experts shall ensure that the live animals referred to in Article 5 have been slaughtered under conditions which, as far as animal welfare is concerned, are at least equivalent to those provided for in this Regulation.
The health certificate accompanying meat imported from a third country shall be supplemented by an attestation certifying that the above requirement has been met.
Amendment 46
Proposal for a regulation
Article 10 a (new)
Article 10a
Arrangements for imports from third countries
The Commission shall ensure that meat and meat products from third countries that are intended for consumption in the internal market comply with the provisions of this Regulation.
Amendment 121
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2.  For the purposes of this Regulation the competent authority, referred to in Article 4 of Regulation (EC) No 853/2004, shall approve for each slaughterhouse:
2.  For the purposes of this Regulation the competent authority, referred to in Article 4 of Regulation (EC) No 853/2004, shall approve for each slaughterhouse with a slaughter capacity of more than 50 livestock units per week or more than 150 000 units of poultry per annum:
Amendment 48
Proposal for a regulation
Article 11 – paragraph 2 – point a
a) the maximum throughput for each slaughter line;
deleted
Amendment 49
Proposal for a regulation
Article 11 – paragraph 2 – point c
c) the maximum capacity for each lairage area intended for equidae and animals of the bovine, ovine, caprine and porcine species and poultry and lagomorphs.
c) the maximum capacity for each lairage area intended for equidae and animals of the bovine, ovine, caprine and porcine species and poultry, ratites and lagomorphs.
Amendment 50
Proposal for a regulation
Article 12 – paragraph 2
2.  Operators shall ensure that animals that are killed without stunning are mechanically restrained.
2.  Operators shall ensure that, when applicable and in the case of religious slaughter where animals are slaughtered without stunning, they are mechanically restrained.
Amendment 51
Proposal for a regulation
Article 12 – paragraph 3 – point e
e) the use of electric currents that do not stun or kill the animals under controlled circumstances, in particular, any electric current application that does not span the brain.
deleted
Amendment 52
Proposal for a regulation
Article 12 – paragraph 3 – point 2
However, points (a) and (b) shall not apply to the shackles used for poultry.
However, points (a) and (b) shall not apply to the shackles used for poultry and lagomorphs.
Amendment 53
Proposal for a regulation
Article 13 – paragraph 1
1.  Operators shall put in place and implement appropriate monitoring procedures to verify and confirm that animals for slaughter are effectively stunned in the period between the end of the stunning process and the confirmation of death.
1.  Operators shall put in place and implement appropriate monitoring procedures to verify and confirm that animals for slaughter are effectively stunned in the period between the end of the stunning process and the confirmation of death. Animals must be dead before any other potentially painful carcass-dressing procedure is performed or treatment applied.
Amendment 54
Proposal for a regulation
Article 13 - paragraph 4 a (new)
4a.  Operators of fur farms shall notify the competent authority in advance when animals are to be killed, to enable the Official Veterinarian to check that the requirements set out in this Regulation, and the standard operating procedures, are being observed.
Amendment 55
Proposal for a regulation
Article 13 – paragraph 5
5.  Community codes of good practices concerning monitoring procedures in slaughterhouses may be adopted in accordance with the procedure referred to in Article 22(2).
5.  Community guidelines for the drawing up of procedures and implementation of rules concerning monitoring procedures in slaughterhouses may be adopted in accordance with the procedure referred to in Article 22(2).
Amendment 56
Proposal for a regulation
Article 13 – paragraph 5 a (new)
5a.  The Official Veterinarian shall regularly verify the above-mentioned monitoring procedures and adherence to the standard operating procedures.
Amendment 57
Proposal for a regulation
Article 14 – paragraph -1 (new)
-  1. Operators shall be responsible for ensuring compliance with the rules laid down in this Regulation.
Amendment 58
Proposal for a regulation
Article 14 – paragraph 1
1.  Operators shall designate an animal welfare officer for each slaughterhouse, to be responsible for ensuring compliance with the rules laid down in this Regulation in that slaughterhouse. He or she shall report directly to the operator on matters relating to the welfare of the animals.
1.  Operators shall designate an animal welfare officer for each slaughterhouse, to be responsible for supervising compliance with the rules laid down in this Regulation in that slaughterhouse. He or she shall report directly to the operator on matters relating to the welfare of the animals.
Amendment 103
Proposal for a regulation
Article 14 – paragraph 5
5.  Paragraphs 1 and 4 shall not apply to slaughterhouses slaughtering less than 1 000 livestock units of mammals or 150 000 units of poultry per year.
5.  Slaughterhouses slaughtering fewer than 1 000 livestock units of mammals or 150 000 units of poultry per year may be operated by an animal welfare officer, and the procedure for obtaining a certificate of competence will be simplified in accordance with specifications defined by the competent authority.
Amendment 60
Proposal for a regulation
Article 15 – paragraph 1
1.  The competent authority and the operators involved in a depopulation operation shall establish an action plan to ensure compliance with the rules laid down in this Regulation, before the commencement of the operation.
deleted
In particular, the killing methods planned and the corresponding standard operating procedures for ensuring compliance with the rules laid down in this Regulation, shall be included in the contingency plans required under Community legislation on animal health, on the basis of the hypothesis established in the contingency plan concerning the size and the location of suspected outbreaks.
Amendment 61
Proposal for a regulation
Article 15 – paragraph 3
3.  For the purposes of this Article and in exceptional circumstances, the competent authority may grant derogations from one or more of the provisions of this Regulation where it considers that compliance is likely to affect human health or significantly slow down the process of eradication of a disease.
3.  For the purposes of this Article and in cases of force majeure, the competent authority may grant derogations from one or more of the provisions of this Regulation where it considers that compliance is likely to affect human health or significantly slow down the process of eradication of a disease or further undermine animal welfare.
Amendment 62
Proposal for a regulation
Article 15 – paragraph 4
4.  Within one year from the date of the end of depopulation operation, the competent authority referred to in paragraph 1 shall transmit to the Commission and make publicly available, in particular through the internet, an evaluation report on the results thereof.
deleted
That report shall include, in particular:
a) the reasons for the depopulation;
b) the number and the species of animals killed;
c) the stunning and killing methods used;
d) a description of the difficulties encountered and, where appropriate, solutions found to alleviate or minimise the suffering of the animals concerned;
e) any derogation granted in accordance with paragraph 3.
Amendment 63
Proposal for a regulation
Article 16
In the case of emergency killing, the person in charge of the animals concerned shall take all the necessary measures to kill the animal as soon as possible.
In the case of emergency slaughter, the person in charge of the animals concerned shall take all the necessary measures to slaughter the animal as soon as possible, without prejudice to the conditions laid down in Section I, Chapter VI of Annex III to Regulation (EC) No 853/2004 concerning emergency slaughter outside the slaughterhouse.
Amendment 64
Proposal for a regulation
Article 17
Article 17
deleted
Reference centres
1.  Each Member State shall appoint a national reference centre (hereinafter referred to as the "reference centre") to perform the following tasks:
a) provide scientific and technical expertise relating to the approval of slaughterhouses;
b) carry out assessments of new stunning methods;
c) actively encourage the development by operators and other interested parties of codes of good practice for the implementation of this Regulation and publish and disseminate such codes, and monitor their application;
d) develop guidelines for the competent authority for the purposes of this Regulation;
e) accredit bodies and entities for the issuance of certificates of competence, as provided for in Article 18;
f) correspond and cooperate with the Commission and other reference centres, in order to share technical and scientific information and best practices as regards the implementation of this Regulation.
2.  Within one year from the date of the entry into force of this Regulation, Member States shall submit details of their reference centre to the Commission and the other Member States, and shall make such information publicly available on the internet.
3.  Reference centres may be established as a network, made up of separate entities, provided that all the tasks listed in paragraph 1 are allocated for all the relevant activities taking place in the Member States concerned.
Member States may appoint for an entity located outside their own territory to carry out one or more of those tasks.
Amendment 65
Proposal for a regulation
Article 18 – paragraph 1 – point b
b) delivering certificates of competence attesting the passing of an independent final examination; the subjects of this examination shall be relevant for the categories of animals concerned and correspond to the operations listed in Article 7(2), and the subjects set out in Annex IV;
b) ensuring that anyone responsible for developing or maintaining the standard operating procedures set out in Article 6 of this Regulation has received appropriate training;
Amendment 66
Proposal for a regulation
Article 18 – paragraph 1 – point c
c) approving training programmes of the courses referred to in point (a) and the content and modalities of the examination referred in point (b);
deleted
Amendment 67
Proposal for a regulation
Article 18 – paragraph 2
2.   The competent authority may delegate the organisation of the courses, the final examination and the issuance of the certificate of competence to a separate body or entity which:
2.   The training programmes must be developed and, where applicable, run, by the business itself or by an organisation authorised by the competent authority.
a) has the expertise, staff and equipment necessary to do so;
That business or organisation shall issue the certificates of competence in this field.
b) is independent and free from any conflict of interest as regards the issuance of the certificates of competence;
The competent authority may, where it considers necessary, develop and run training programmes and issue certificates of competence.
c) is accredited by the reference centre.
The details of such bodies and entities shall be made publicly available, in particular via the internet.
Amendment 68
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
3.   Certificates of competence shall indicate for which categories of animals and for which of the operations listed in Article 7(2) or (3) the certificate is valid.
3.   Member States shall appoint the responsible competent authority to approve the content of the training programmes referred to in paragraph 2.
Amendments 69 and 70
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Certificates of competences shall not be valid for a period exceeding five years.
Certificates of competence shall be valid for an unlimited period. Holders of certificates of competence shall be required to undergo regular training.
Amendment 71
Proposal for a regulation
Article 24 – paragraph 2
2.  Until 31 December 2014, Member States may provide for certificates of competence, as referred to in Article 18, to be issued without examination to persons demonstrating relevant uninterrupted professional experience of at least [ten] years.
2.  Until 31 December 2014, Member States may provide for certificates of competence, as referred to in Article 18, to be issued without examination to persons demonstrating appropriate training and relevant professional experience of at least 12 months before the entry into force of this Regulation.
Amendment 72
Proposal for a regulation
Article 24 – paragraph 2 a (new)
2a.  The Commission shall by 1 January 2013 submit a legislative proposal to the European Parliament and the Council on the establishment of conditions and rules on the use of mobile slaughterhouses within the Union, ensuring that all precautions are taken in those mobile units to avoid compromising animal welfare.
Amendment 73
Proposal for a regulation
Annex I – Chapter I – Table I – Line No 2 – Category of animals
Ruminants up to 10 kg, poultry and lagomorphs.
Ruminants, poultry and lagomorphs.
Amendment 74
Proposal for a regulation
Annex I – Chapter I – Table I – Line No 2 – Key parameters - subparagraph 2
Appropriate velocity and diameter of bolt according to animal size and species.
Appropriate velocity and diameter of bolt (contact plate method) according to animal size and species.
Amendment 75
Proposal for a regulation
Annex I – Chapter I – Table 2 – Line No 2 – Name
Head-to-Back electrical killing
Head-to-heart or head-to-back electrical stunning or slaughtering
Amendment 76
Proposal for a regulation
Annex I – Chapter I – Table 2 – Line No 2 – Category of animals
All species except lambs or piglets of less than 5 kg live weight and cattle.
All species.
Amendment 77
Proposal for a regulation
Annex I – Chapter I – Table 3 – Line No 2 – Category of animals
Pigs and poultry.
Pigs, poultry and fur animals.
Amendment 78
Proposal for a regulation
Annex I – Chapter II – point 7 – paragraph 1 a (new)
Carbon dioxide at concentrations over 30 % shall not be used to stun or slaughter poultry in a slaughterhouse. Such concentrations may only be used to kill surplus chicks or for the purposes of disease control.
Amendment 79
Proposal for a regulation
Annex II – point 2.3
2.3.  There shall be a waiting pen, with a level floor and solid sides, between the holding pens and the race leading to the point of stunning, to ensure a steady supply of animals for stunning and killing and to avoid animal handlers having to rush animals from the holding pens. The waiting pen shall be so designed that animals cannot be trapped or trampled.
2.3.  There shall be a waiting pen between the holding pens and the race leading to the point of stunning, to ensure a steady supply of animals for stunning and slaughter and to avoid animal handlers having to rush animals from the holding pens. The waiting pen shall be so designed that animals cannot be trapped or trampled.
Amendment 80
Proposal for a regulation
Annex II – point 3.2
3.2.  Restraining boxes used in conjunction with a captive bolt shall be fitted with a device that restricts both the lateral and vertical movement of the head of the animal.
deleted
Amendment 81
Proposal for a regulation
Annex II – point 3.3
3.3.  Systems restraining bovine animals by inversion or any unnatural position shall not be used.
deleted
Amendment 82
Proposal for a regulation
Annex II – point 4.1 a (new)
4.1a.  Electrical stunning equipment shall:
a) incorporate an audible or visible device indicating the length of time of its application to an animal;
b) be connected to a device indicating the voltage and the current under load, positioned so as to be clearly visible to the operator.
Amendment 83
Proposal for a regulation
Annex II – point 4.2
4.2.  Electrical apparatus shall deliver a constant current.
deleted
Amendment 84
Proposal for a regulation
Annex II – point 7.2
7.2.   Facilities for poultry shall be designed and built so that animals are only conveyed into the gas mixtures in transport crates without being unloaded.
7.2.   Live poultry should be conveyed into the gas mixtures either in their transport crates or on conveyor belts.
Amendment 85
Proposal for a regulation
Annex III – point 1.2
1.2.  Animals must be unloaded as quickly as possible after arrival and subsequently slaughtered without undue delay.
deleted
In the case of poultry or lagomorphs, the total time of transport added to the time spent between unloading and slaughter shall not exceed 12 hours.
In the case of mammals, except lagomorphs, the total time of transport added to the time spent between unloading and slaughter shall not exceed:
a) 19 hours for unweaned animals;
b) 24 hours for equidae and pigs;
c) 29 hours for ruminants.
After the expiry of those time limits, the animals must be lairaged, fed, and subsequently given moderate amounts of food at appropriate intervals. In such cases, the animals shall be provided an appropriate amount of bedding or equivalent material which guarantees a level of comfort appropriate to the species and the number of animals concerned. This material must ensure adequate absorption of urine and faeces.
Amendment 86
Proposal for a regulation
Annex III – point 1.5
For the purpose of slaughter, unweaned animals, lactating dairy animals, females having given birth during the journey or animals delivered in containers shall be given priority over other types of animal. If this is not possible, arrangements shall be made so as to relieve them from their suffering, in particular by:
deleted
a) milking dairy animals at intervals of not more than 12 hours;
b) providing appropriate conditions for suckling and the welfare of the newborn animal in the case of a female having given birth;
c) providing water in the case of animals delivered in containers.
Amendment 87
Proposal for a regulation
Annex III – point 1.7 – sub-point c
c) lift or drag the animals by the head, ears, horns, legs, tail or fleece, or handle them in such a way as to cause them avoidable pain or suffering;
c) lift or drag the animals by the head, ears, horns, legs (with the exception of the feet of poultry and lagomorphs), tail or fleece, or handle them in such a way as to cause them avoidable pain or suffering;
Amendment 88
Proposal for a regulation
Annex III – point 1.8 a (new)
1.8a.  Electrical stunning equipment must not be used as a means of restraint or immobilisation or to make animals move.
Amendment 89
Proposal for a regulation
Annex III – point 1.8 b (new)
1.8b.  Animals which are unable to walk must not be dragged to the place of slaughter, but must be slaughtered where they lie.
Amendment 90
Proposal for a regulation
Annex III – point 2.1
2.1.  Each animal shall have enough space to stand up, lie down and turn around.
2.1.   Except in the case of large bovine animals kept in individual pens for a period which does not exceed a reasonable limit, each animal shall have enough space to stand up, lie down and turn around.
Amendment 91
Proposal for a regulation
Annex III –point 2 a (new)
2a.  Captive bolt stunning
2 a.1.  The captive bolt must be positioned so as to ensure that the projectile enters the cerebral cortex. In particular, the shooting of cattle in the poll position shall be prohibited. Sheep and goats may be shot in the poll position if the presence of horns prevents use of the crown position. In such cases the shot must be placed immediately behind the base of the horns and aimed towards the mouth, and bleeding must commence within 15 seconds of shooting.
2 a.2.  When using a captive bolt instrument, the operator must check to ensure that the bolt retracts to its full extent after each shot. If it does not so retract, the instrument must not be used again until it has been repaired.
Amendment 92
Proposal for a regulation
Annex III – point 2 b (new)
2b.  Restraint of animals
An animal shall not be placed in a stunning box nor shall its head be placed in a device to restrict its movement unless the person who is to stun the animal is ready to do so as soon as the animal is placed in the stunning box or its head is fastened.
Amendment 93
Proposal for a regulation
Annex III – point 3.1
3.1.  Where one person is responsible for the stunning, shackling, hoisting and bleeding of animals, that person must carry out all those operations consecutively on one animal before carrying out any of them on another animal.
3.1.  Where one person is responsible for the stunning, shackling, hoisting and bleeding of animals, that person must carry out all those operations consecutively on one animal before carrying out any of them on another animal. This requirement shall not apply when group stunning is used.
Amendment 94
Proposal for a regulation
Annex III – point 3.1 a (new)
3.1a.  Bleeding must be started without delay after stunning and be carried out in such a way as to bring about rapid, profuse and complete bleeding.
Amendment 95
Proposal for a regulation
Annex III – point 3.2 a (new)
3.2a.  After incision of the blood vessels, no further dressing procedures or any electrical stimulation may be performed on the animals before the bleeding has ended and, in any event, not before the expiry of‐
a) in the case of a turkey or goose, a period of not less than 120 seconds;
b) in the case of any other bird, a period of not less than 90 seconds;
c) in the case of stunned bovine animals, a period of not less than 30 seconds;
d) in the case of bovine animals that have not been stunned, a period of not less than 120 seconds;
e) in the case of sheep, goats, pigs and deer, a period of not less than 20 seconds.
Amendment 112
Proposal for a regulation
Annex III – point 3.2 b (new)
3.2b.  When a pregnant animal is slaughtered:
(a) if the uterus is intact, the foetus must be left inside until it is dead;
(b) in doubt, or if a conscious foetus is discovered in the womb of an animal after slaughter, it must be promptly removed, stunned with a penetrative captive bolt and killed by exsanguination.
Slaughterhouses must have suitable equipment to hand to perform the procedure promptly if required.
Amendment 96
Proposal for a regulation
Annex III – point 3.3
3.3.  Birds shall not be slaughtered by means of automatic neck cutters unless it can be ascertained whether or not the neck cutters have effectively severed the blood vessels. When neck cutters have not been effective the bird shall be killed immediately.
3.3.  Birds shall not be slaughtered by means of automatic neck cutters unless it can be ascertained whether or not the neck cutters have effectively severed the blood vessels. When neck cutters have not been effective the bird shall be slaughtered immediately.
Amendment 97
Proposal for a regulation
Annex IV – point (f a) (new)
(fa) the killing of fur animals.
Practical aspects of handling and restraining animals.
Practical aspects of stunning techniques.
Back-up stunning and/or slaughter methods.
Maintenance of stunning and/or slaughter equipment.
Monitoring the effectiveness of stunning.

Renewed Social Agenda
PDF 177kWORD 95k
European Parliament resolution of 6 May 2009 on the Renewed social agenda (2008/2330(INI))
P6_TA(2009)0370A6-0241/2009

The European Parliament,

–   having regard to the Commission communication of 2 July 2008 on the Renewed social agenda: Opportunities, access and solidarity in 21st century Europe (COM(2008)0412) (Communication on the Renewed Social Agenda),

–   having regard to its resolution of 18 November 2008 with recommendations to the Commission on the application of the principle of equal pay for men and women(1),

–   having regard to its resolution of 22 October 2008 on challenges to collective agreements in the EU(2),

–   having regard to the Commission communication of 2 July 2008 entitled 'A renewed commitment to social Europe: Reinforcing the Open Method of Coordination for Social Protection and Social Inclusion' (COM(2008)0418),

–   having regard to its resolution of 3 February 2009 on non-discrimination based on sex and intergenerational solidarity(3),

–   having regard to the Commission communication of 2 July 2008 entitled 'Non-discrimination and equal opportunities: A renewed commitment' (COM(2008)0420),

–   having regard to the Commission communication of 26 November 2008 on a European Economic Recovery Plan (COM(2008)0800),

–   having regard to the Commission communication of 3 October 2008 entitled 'A better work-life balance: stronger support for reconciling professional, private and family life' (COM(2008)0635),

–   having regard to the Commission communication of 12 October 2006 entitled 'The long-term sustainability of public finances in the EU' (COM(2006)0574), and to Parliament's resolution of 20 November 2008 on the future of social security systems and pensions: their financing and the trend towards individualisation(4),

–   having regard to the Commission communication of 17 October 2007 entitled 'Modernising social protection for greater social justice and economic cohesion: taking forward the active inclusion of people furthest from the labour market' (COM(2007)0620), and to Parliament's resolution of 9 October 2008 on promoting social inclusion and combating poverty, including child poverty, in the EU(5),

–   having regard to Council Recommendation 92/441/EEC of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems(6),

–   having regard to the Commission communication of 27 June 2007 entitled 'Towards Common Principles of Flexicurity: More and better jobs through flexibility and security' (COM(2007)0359), and to Parliament's resolution of 29 November 2007 on Common Principles of Flexicurity(7),

–   having regard to the Commission communication of 25 June 2008 entitled 'Think Small First - A 'Small Business Act' for Europe' (COM(2008)0394),

–   having regard to the Commission communication of 26 February 2007 entitled 'Social reality stocktaking – Interim report to the 2007 Spring European Council' (COM(2007)0063), and to Parliament's resolution of 15 November 2007 on social reality stocktaking(8),

–   having regard to the Commission communication of 24 May 2006 entitled 'Promoting decent work for all - The EU contribution to the implementation of the decent work agenda in the world' (COM(2006)0249), and to Parliament's resolution of 23 May 2007 on promoting decent work for all(9),

–   having regard to its resolution of 13 October 2005 on women and poverty in the European Union(10), and the definition of poverty therein,

–   having regard to its position of 17 June 2008 on the proposal for a decision of the European Parliament and of the Council on the European Year for Combating Poverty and Social Exclusion (2010)(11),

–   having regard to the Charter of Fundamental Rights of the European Union, and in particular to the provisions therein regarding social rights, and to Article 136 of the EC Treaty,

–   having regard to the Commission Green Paper of 22 November 2006 entitled 'Modernising labour law to meet the challenges of the 21st century' (COM(2006)0708),

–   having regard to the Commission Green Paper of 18 July 2001 entitled 'Promoting a European framework for Corporate Social Responsibility' (COM(2001)0366), to the Commission communication of 22 March 2006 entitled 'Implementing the partnership for growth and jobs: making Europe a pole of excellence on Corporate Social Responsibility' (COM(2006)0136), and to Parliament's resolution of 13 March 2007 on corporate social responsibility: a new partnership(12),

–   having regard to its declaration of 22 April 2008 on ending street homelessness(13),

–   having regard to the UN International Covenant on Economic, Social and Cultural Rights 1966,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Culture and Education and the Committee on Women's Rights and Gender Equality (A6-0241/2009),

A.   whereas the major negative consequence for the EU arising from the current financial and economic crisis will be the dramatic increase of unemployment which will more severely affect the most vulnerable social groups; whereas higher levels of unemployment are associated with the increase in poverty, health inequalities, exclusion, criminality, insecurity and lack of trust,

B.   whereas, regardless of the current crisis, the EU already faced difficulties as a result of weak economic growth, an explosive demographic situation and the difficulty of living in an increasingly globalised economy,

C.   whereas in 2007, 15,2 % of the citizens of the Union aged between 18 and 24 were early school leavers,

D.   whereas employment still does not guarantee a route out of poverty for many people in the EU, with 8 % of people at work at risk of poverty in 2006,

E.   whereas in 2006, 16 % of European citizens were at risk of poverty; whereas children, large families, single parents, unemployed people, people with disabilities, young people, elderly people, ethnic minorities and migrants are particularly vulnerable,

F.   whereas women still face a higher risk of poverty than men, because of factors such as their economic dependency the gender pay gap and women's higher presence in lower-paid jobs; whereas that situation increases the risk of perpetuating poverty into the next generations,

G.   whereas price increases in recent years have had a considerable effect on household budgets and have disproportionately affected vulnerable social groups,

H.   whereas various studies (such as the Future of Work Research of the Russell Sage Foundation) have shown that one in four of those working in the most developed economies may soon be low-paid and find themselves at increased risk of poverty; whereas low-wage jobs appear to exhibit much uniformity as they often take the form of a non-standard employment relationships with low-skilled workers, part-timers, women, immigrants and young workers at a higher risk; whereas there is a tendency for low-wage work to be passed on from generation to generation and whereas low-wage work limits access to good education, good health care and other basic living conditions,

I.   whereas Article 2 of the EC Treaty provides that equality between men and women is one of the fundamental principles of the European Union,

J.   whereas the EU faces a demographic change of which the most important features are an increase in life expectancy and a decreasing fertility rate although some countries are showing signs of reversing the trend of decreasing fertility,

K.   whereas the demographic change is expected to lead to the doubling of the old age dependency ratio until 2050 with consequences regarding in particular the physical and mental health of the population,

L.   whereas the Commission 'Demography Report 2008: Meeting Social Needs in an Ageing Society' (SEC(2008)2911), recognises the pivotal role that informal carers play in society; whereas the Commission should consider the strong social arguments for the inclusion of carers in the formulation of future policy,

M.   whereas the effects of the financial crisis on the real economy are not fully known but it will be impossible to reach the target of creating 5 million jobs in the EU between 2008 and 2009; whereas an economic recession will lead to higher unemployment and will certainly lead to more poverty and will present challenges to the European social model,

N.   whereas the financial and economic crisis is causing increasing unemployment and insecurity, in which social cohesion across the EU is under substantial strain with social fractures and tensions in numerous Member States,

O.   whereas the EU has committed itself to the aim of socially and environmentally sustainable development, and whereas the opportunities for job creation that can arise from that commitment should be fully exploited,

P.   whereas social dialogue can be important to tackle the crisis in confidence that is being aggravated by the economic crisis as many people in our society are afraid of the future; whereas equal priority must also be given to those who are already excluded and whose current position is worsening in the current crisis,

Q.   whereas the EU's more interventionist institutional arrangements, characterised by a certain degree of income redistribution and the common notion of a "European social model", have a positive effect on the quality of the working lives of millions of men and women in the more disadvantaged segment of our labour markets,

R.   whereas respect for national legal and conventional frameworks, characterised by balancing labour law and collective agreements, which regulate those models, are a precondition for harmonised values in a diversity of systems,

S.   whereas in the case of non-standard employment relationships the rules and procedures defined by the partners in collective bargaining no longer apply,

T.   whereas the renewed social agenda should be based on the principle that effective and efficient social policies contribute to economic growth and prosperity, and whereas this can also help restore the declining support of citizens for the EU,

U.   whereas it is regrettable that the renewed social agenda does not deal with the question of legal security for social services of general interest,

V.   whereas considerable concern has been voiced about the role and visibility of the renewed social agenda, including the lack of clarity of its purpose or how it will be followed up on as well as the lessening of the prominence given to the social Open Method of Coordination (OMC),

W.   whereas the European social models are a unity of values in a diversity of systems and are, in general, within the competence of the Member States; whereas the aims of social Europe, provided for in the EC Treaty, the Charter of Fundamental Rights and in the Lisbon Treaty, must be emphasised as the overarching goal for the EU, if they are to meet with the expectations and allay the fears of its citizens; whereas successive Spring European Council meetings have reiterated the objective of the eradication of poverty and social exclusion and the need to reinforce the social dimension in the Lisbon Strategy; whereas the failure and success of national social and employment policies also have an impact on other Member States, therefore, the debate on the reform of the European social model must be placed at the heart of the interaction between the EU and the Member States,

X.   whereas the failure of the Lisbon Strategy to decrease poverty - currently 78 000 000 people in the EU are living in poverty - and rising inequality must be of central concern; whereas the EU must make progress in relation to the development and implementation of EU and national targets on reducing poverty and social exclusion, and in key areas where indicators currently exist if people are to be convinced that the EU is there to serve the people first and only then businesses and banks,

Y.   whereas in several proceedings before the Court of Justice of the European Communities, the notion 'provisions that are crucial for the protection of the political, social and economic order' has been used without clarifying who can decide, in this regard, which provisions are crucial for the protection of the general public policy provisions in a Member State,

Z.   whereas in the Court of Justice held that it is not up to the Member States to define unilaterally the notion of public policy or to impose unilaterally all the mandatory provisions of their employment law on suppliers of services established in another Member State and whereas it is unclear in whose hands that competence lies if not with the Member States,

AA.  whereas there is no clear distinction between labour-only subcontracting and dubious trafficking and provision of services that is based on lawful contracts with genuinely self-employed people; whereas the difference between fraudulent practices and true civil and commercial business relationships should be addressed,

Priority actions
European social models

1.  Calls upon the Council and the Commission, given the economic recession, to reaffirm the importance of a strong social Europe, incorporating sustainable, effective and efficient social and employment policies; calls on the Commission to develop an ambitious social policy agenda for the period of 2010-2015;

2.  Urges the Commission to put forward a coherent policy plan on decent work in line with the Charter of Fundamental Rights of the European Union;

3.  Stresses the importance of putting job creation and promotion at the top of the social agenda in these difficult times; considers that greater flexibility in the workplace is now more important than ever;

4.  Invites the Commission to combine the renewed social agenda with other initiatives such as the European pact for gender equality, the European Youth Pact and the European Alliance for families, in order for disadvantaged social groups to have better access to social benefits;

5.  Is concerned that the measures proposed in the Commission Communication on the Renewed Social Agenda are insufficiently coherent to impact on the current levels of poverty and exclusion in the EU and to address the current challenges to social cohesion;

6.  Regrets, in particular, that the Commission Communication on the Renewed Social Agenda lacks proposals on the following issues, which are crucial in order to achieve a balance between economical freedoms and social rights:

   a directive providing for basic labour rights for all workers, regardless of employment status, to protect the ever-increasing numbers of atypical workers;
   a review of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(14), accompanied by a gender-neutral work evaluation system, in order to reduce gender pay gaps both within and between economic sectors; and
   a directive on cross-border collective bargaining, in accordance with the realities of cross-border business operations;

7.  Stresses the need to further develop minimum standards in employment rights; is aware that neither economic freedoms nor competition rules prevail over fundamental social rights;

8.  Notes that social policy should cover key actions such as a better balance between stronger social rights and freedoms, combating discrimination and promoting equality, modernising and reforming the European social models while strengthening their values;

9.  Notes that the delineation of what constitutes Member State provisions that are crucial for the protection of the political, social and economic order' is a political matter and should be defined in a democratically legitimised process; therefore calls upon the Commission to initiate an open debate in order to clarify the notion of what constitutes those general public policy provisions and propose legislation where necessary;

10.  Considers that this is not the time to reduce social expenditure but rather to reinforce structural reforms; adds that the EU should support the infrastructures of the Member States' social models, including social services of general interest, by reaffirming the importance of their universal access, quality and sustainability;

11.  Regrets that although the financial crisis demonstrates the importance of State action in regard to maintaining economic activity and strengthening social cohesion, the Commission has not ensured the future of and the crucial role played by public services in the EU by proposing a framework directive on services of general interest;

12.  Calls on the Commission to submit a legislative proposal seeking to guarantee the legal security of social services of general interest;

13.  Emphasises the need to find ways to modernise and reform the national security systems to eradicate poverty with a long-term perspective, especially concerning adequate minimum income, pensions and health care services; stresses that there is potential to strengthen the financial sustainability of the minimum wage and pensions systems and the quality and efficiency of health care services by improving their organisation and access and increasing partnership between the public and private sector, respecting the principle of subsidiarity, and supporting increased efforts to establish progressive taxation systems in order to reduce inequality;

14.  Notes that some Member States have introduced the concept of a minimum wage; suggests that other Member States might benefit from studying their experience; calls on the Member States to safeguard the preconditions for social and economic participation for all and, in particular, to provide for regulations on such matters as minimum wages or other legal and generally binding arrangements or through collective agreements in accordance with national traditions that enable full-time workers to make a decent living from their earnings;

15.  Calls on the Commission and the Member States to ensure that all citizens have access to basic banking services;

16.  Maintains that sport and cultural activity are essential instruments of social inclusion and help to foster personal development, promote the good of society, and nurture talents;

17.  Asks the Commission to ensure that environmental and health issues are rapidly integrated in all EU policies in order to ensure a high level of health and environmental protection, in accordance with the provisions of the EC Treaty;

18.  Shares the Commission's determination to extend the social agenda to include new areas; deplores the fact that the environment is too often being considered only from the point of view of climate change; welcomes the renewed declarations by the Commission in favour of a sustainable economy with low CO2 emissions, but regrets the fact that the Commission's proposal contains no specific measure to take into account the social and health consequences of the environmental and climate crises;

19.  Stresses that extreme poverty and the ensuing social exclusion cannot be understood in economic terms on the basis of figures alone, but must also be understood in terms of human rights and citizenship; recognises that the principle of the free movement of capital and goods cannot, in itself, eradicate poverty and, in particular, persistent poverty and that extreme poverty deprives those affected of opportunities and prevents them from fully taking part in the community life by making them indifferent to their surroundings;

Social and employment policies

20.  Welcomes the proposals included in the Commission's work-life balance package launched at the end of 2008; encourages the Commission to make recommendations to the Member States that are clearly lagging behind the objectives of the 2002 Barcelona European Council as regards the provision of childcare for 2010; invites the Commission further to encourage employers' openness regarding flexible work arrangements, optimising the use and knowledge of ICT and new forms of work organisation thus promoting the flexibility of work schedules and its compatibility with business, administration and school hours;

21.  Invites the Commission to put forward a proposal on a better reconciliation between private, family and professional life optimising the use and knowledge of ICT and new forms of work organisation, taking into consideration the needs and well-being of children, whilst promoting more effective employment protection, which confirms parents' and carers' right to flexible working patterns, corresponding to their needs and paying particular attention to access for those on low incomes and in precarious or low-quality employment;

22.  Deplores the weakness of EU and Member State policies in the face of growing poverty, especially child poverty;

23.  Encourages Member States to provide for guaranteed minimum income schemes for social inclusion, in accordance with the principles of subsidiarity and proportionality;

24.  Suggests that new demographic challenges could be tackled by addressing the situation of women who live in poverty, who have unequal and inadequate access to nutrition, housing, education and pay, and who face difficulties in reconciling work, family and private life;

25.  Calls for a more effective prevention and combating of early school leaving under the motto that 'school pays off'; calls for effectively organised education systems and school curricula adapted to tomorrow's job market which take account of society's needs and technological developments; calls for the further promotion of and assistance to the concept of Second Chance Schools and informal and non-formal learning that have proved to lead to higher participation of young people and adults than traditional school environments contributing to lower the drop-out rate in the EU; for that purpose, calls for the long-awaited elimination of any and all inequalities of opportunities in educational systems in the EU, in particular, the elimination of low-level and segregated education which has irreversible negative effects on marginalised groups, particularly on Roma;

26.  Insists on the need for more effective lifelong learning and training actions aiming better to equip citizens, especially the less qualified, to (re-)enter the job market smoothly and without discrimination and to contribute to social innovation; suggests emphasising entrepreneurial skills principally the entrepreneurship of women and young people, ICT and communication competences, financial literacy and language skills;

27.  Stresses the need to improve education in the EU by mobilising the process of compatibility and comparability of the Member States' educational systems with a view to facilitating the mutual recognition of professional qualifications and standards;

28.  Considers that active social inclusion policies must make a decisive impact on the eradication of poverty and social exclusion, both for those in paid employment (the 'working poor') and for those not in paid employment;

29.  Highlights the necessity of promoting University-business cooperation as it is important to ensure that these partners cooperate and that they support each other for the benefit of their own organisations, of their staff and their students; considers that bridges should be built between university curricula and the world of enterprise, and that businesses should have the possibility, inter alia, to complement study programmes, to offer internships, organise open days for students, etc.;

30.  Draws attention to the need for a more balanced approach between flexibility, security and the need to ensure decent wages aiming at integrating young and elderly people, women, long-term unemployed people and disadvantaged groups into the labour market; suggests that the Member States take into consideration Parliament's resolution of 29 November 2007 on Common Principles of Flexicurity when implementing national flexicurity strategies;

31.  Considers that especially in a time of financial and economic crises, often resulting in redundancy and restructuring, worker participation in the decision-making process within companies that affect their jobs and livelihoods is of the utmost importance; welcomes the recent revision(15) of Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees(16); reiterates its call for the further strengthening of the functioning of European works councils as laid down in its resolution of 4 September 2001 on the application of Directive 94/45/EC(17);

32.  Stresses that social and employment policies should foster job creation and be quickly activated as a response to the current economic crisis, should provide job and education opportunities, and should mitigate loss of income; considers that those policies should actively motivate people to look for job opportunities or to start their own entrepreneurial activity; to this end considers that Member States should consider affordable financing channels, such as credit guarantees, reduced interest rates or providing a lump sum of unemployment benefits which, while also mitigating income loss, provide opportunities for education which will help unemployed people to find new jobs; recalls the Commission's holistic approach to active inclusion which encompasses adequate income support, access to inclusive labour markets and high-quality social services;

33.  Invites the Commission to take initiatives that will lead to a clear distinction between employers, genuine self-employed and small entrepreneurs on the one hand and employees on the other;

34.  Stresses the vital need to support mothers, by means of family allowances during infancy and the creation of a suitable framework for their return to the labour market, paying particular attention to single mothers in view of their vulnerability;

35.  Points out that the social economy, as another form of entrepreneurship, plays an essential role in contributing to a sustainable European economy, by combining profitability with solidarity; adds that social economy enterprises need a secure legal framework; highlights the very important contribution of volunteer work in the social field particularly in the fight against poverty and social exclusion and in the support to the more disadvantaged groups in society;

36.  Stresses that not all people are able to work, nor are there currently jobs for all, and restates the importance of implementing Recommendation 92/441/EEC, endorsed by the European Council meeting on 11 and 12 December 2008, on providing "sufficient resources and social assistance to live in a manner compatible with human dignity", through the extension of minimum income schemes to all Member States and increasing levels to ensure access and adequacy;

37.  Believes that the development of microcredit can play an important role in supporting (long-term) unemployed people to move into self employment; points out that microcredit has already helped in many such situations with reintegration into working life and that this is in line with the Lisbon Strategy; calls on the Commission to improve the generation of and access to information on the possibilities and availability of micro-credit and to target actively those groups in society that could benefit most from and that have most need of micro-credit supply;

38.  Calls for the promotion of a stronger link between the implementation of flexicurity and the enhancement of social dialogue, respecting national customs and practices;

39.  Insists on the removal of bureaucratic obstacles for small and medium enterprises; calls for the further implementation of the principles proposed in the Commission's communication on a Small Business Act for Europe;

40.  While fully recognising that Member States have competence for wage policy, suggests that the social partners at national level discuss new methodologies for wage policies which could reverse the current declining percentage relation between salaries and profits and include higher financial participation of employees in companies' proceeds through the use of schemes that mitigate the impact of inflation; considers that such schemes could allow for channelling employees' extra earnings to special capital funds created by companies; calls for a debate regarding ways of encouraging companies to engage in those methodologies, and furthermore calls for a debate regarding legal frameworks that regulate the access of employees to those funds in a gradual way over time; suggests to social partners the importance of a renewed commitment to 'decent living wages' which guarantee minimum wages significantly above the adequate income level, to enable people to move out of poverty and to benefit positively from work;

41.  Insists that advancing non-discrimination and equal opportunities relies both on a sound legislative basis and on a range of policy tools and that non-discrimination and equal opportunities must be mainstreamed into all aspects of the renewed social agenda;

42.  Asks the Commission to conduct studies on the medium and long-term impact of knowledge mobility, in order to use the results as a strong basis for measures to mitigate negative effects;

Immigration

43.  Draws attention to the negative impact (possible brain drain) that immigration may have in the development process of the countries of origin including family structures, health, education and research; recalls, on the other hand, the effects of the economic crisis in terms of imbalances in the employment markets of the host countries;

44.  Stresses the importance of ethical recruitment from third countries, particularly with regard to health-care professionals and calls on those Member States that have not already done so to develop a code of practice for international recruitment;

45.  Emphasises that the long-term impact of immigration on the demographic change is uncertain since it depends on the volatility of migration flows, family reunification and fertility rates;

46.  Considers that immigrants can, when legally employed, contribute to the sustainable development of social security systems and also guarantee their own pension and social rights;

47.  Stresses that a successful human rights based immigration policy should promote a coherent and efficient strategy for the integration of migrant people on the basis of equal opportunities rooted in guaranteeing their fundamental rights and ensuring a balance between rights and obligations;

48.  Welcomes the Commission proposal to impose sanctions on employers who employ illegally staying third-country nationals; emphasises the importance of combating the exploitation of illegally staying third country nationals whilst respecting the rights of those in vulnerable positions; in that context calls upon the Commission to promote the opportunities for lawful employment of legally staying third-country nationals;

49.  Welcomes the proposal for a directive on the application of patients' rights in cross-border health care (COM(2008)0414); draws attention, however, to the fact that the directive, in turn, must not lead to a greater discrimination of citizens of the Union on grounds of their economic status;

50.  Considers that strengthening of the implementation and enforcement of existing labour laws under national and Community law and under International Labour Organization (ILO) conventions must be a priority for the EU institutions and the Member States;

51.  Stresses the need further to strengthen anti-discrimination laws throughout the EU; calls on the Commission to stimulate the exchange of best practises between the Member States with regard to promoting further the successful integration of migrants; notes that, especially in times of economic hardship, the most vulnerable people in society, who often include migrants, are disproportionally affected;

The EU at an external level

52.  Believes that in its external relations the EU could have a more proactive role in promoting core social and environmental standards; is convinced that additional efforts need to be made regarding mechanisms on the prevention, surveillance and sanction of infringements;

53.  Considers that the EU could do more to influence the international agenda concerning the decent work agenda and actively promote compliance with ILO conventions, human rights and fundamental freedoms, and that this could contribute to achieving world peace and also to the protection of the EU's interests and values;

54.  Emphasises the fact that the development of the Community legal framework, either through primary or secondary legislation must not contradict international obligations under the ILO conventions;

55.  Notes that the EU should aim for a globalisation process that is more socially inclusive and economically and environmentally sustainable; notes that the way in which corporations conduct business not only has a large economic impact but also has a significant social impact, within the EU as well as in third countries, in particular in developing countries; therefore urges the Commission actively to promote the concept of corporate social responsibility, either by means of the promotion of soft law or, where appropriate, by means of legislative proposals where;

Structural funds

56.  Suggests strengthening the potential of structural funds, through simplification, flexibility and improvement of procedures, and the social integration dimension, with the aim to help Member States optimise the output of social and employment policies; calls on the Member States and the regions to involve the partners fully pursuant to Article 16 of the General Regulation on the Structural Funds(18); strongly recommends making the European Social Fund (ESF) accessible to the partners in order to build up capacity;

57.  Stresses that the renewed social agenda must make a clear commitment that EU structural and cohesion funds will help to achieve its objectives; therefore asks the Member States to use the ESF and all the other structural funds in order to improve not only employability but also the social infrastructure;

58.  Recognises that the structural funds remain largely the main funding instrument to fulfil social objectives, asks the Commission and the Member States to promote synergies with other programmes and support coherence across the multiannual framework programmes, such as Daphne, Progress, the Public Health Programme, and the 'Europe for citizens" programme;

59.  Calls for particular attention to be given to the regions that are most affected by globalisation as well as to regions in the new Member States that are in the process of social convergence;

60.  Suggests that Progress could contribute to a better assessment of the modernisation of European social models through the evaluation of pilot projects;

61.  Considers that, as a result of the freedom of movement for persons, new problems are emerging in some parts of the EU, and, in particular, in larger cities, in connection with the provision of emergency social protection for people who are unable to support themselves, putting extra pressure on (charitable) private and public services which provide emergency assistance, for example for the homeless or for marginalised population groups in society;

Instrumental actions
Social and civil dialogue

62.  Stresses that flexibility and the acceptance of change by citizens can increase through more mutual trust which can be enhanced by a more effective and transparent social dialogue and by ensuring more effective participative democracy in policy design and delivery;

63.  Considers it particularly important for the social dialogue to encourage policies on health and safety at work and, in general, to promote improvements in the quality of life at the workplace; calls on the Commission to launch a debate on how workers who are not in full-time employment (such as temporary workers, part-time workers or workers on fixed-term contracts) can be brought into the social dialogue;

64.  Given that the results of the negotiations of the European social partners are not well-known or disclosed, calls for the promotion of awareness of the results of social dialogue to improve its impact and promote its development;

65.  Believes that the culture of cooperation, which has been replacing the conflict-based culture in the labour market, should continue to be encouraged through the promotion of the social dialogue;

66.  Believes that civil society organisations, and people experiencing poverty and social exclusion, must be more directly involved in the debates on the economic and social model, on an equal basis;

67.  Notes that the social partners should make an effort to work with multiannual plans with specific calendars and deadlines aiming at a long-term sustainable strategy;

68.  Calls for a wide debate between European stakeholders, national public authorities, employers, employees and civil society organisations, about the social agenda for the post-2010 period;

69.  Notes that Member States should support new measurable, binding and quantitative social targets and indicators for the post-2010 Lisbon Strategy, including commitments to working towards the eradication of poverty and social exclusion, and the development of a new social progress pact which would establish the goals and architecture for a new social sustainable and globally fair EU, which should build on and reinforce the social OMC as a key pillar;

70.  Notes that undertakings play an important role not only in economic terms but also in social terms in the EU; draws attention, therefore, to the promotion of corporate social responsibility and the need to make urgent progress as regards high-quality work, including a decent living wage, to underpin the social model and to prevent social dumping;

71.  Favours an effective dialogue between Parliament and civil society organisations; suggests that such a dialogue is also needed within Member States at a central, regional and local level;

72.  Notes that a European Year of Volunteering would be an ideal opportunity for the EU to connect with civil society organisations; calls on the Commission to prepare the ground for 2011 to be declared as the European Year of Volunteering by submitting an appropriate legislative proposal to this effect as soon as possible;

73.  Considers that civil society organisations should be involved from the beginning of decision-making processes, and that information should be publicly accessible, feedback should be reciprocal, and scope for change should be made clear to participants;

74.  Stresses the importance and value of the consultation process as an effective tool by which to empower citizens by enabling them to feed directly into the policy process at EU level; calls on the Commission to take further steps to raise awareness of future EU consultations via the media and other appropriate forums at national, regional and local level;

75.  Suggests that there is an urgent need for the European institutions, the social partners at national level, and civil society organisations to adopt a 'social pact' encompassing social actions with realistic, binding targets and indicators;

76.  Notes that civic participation starts during childhood and calls for the promotion and support of participation structures and initiatives at local, regional and national level for children and youth;

EU law

77.  Stresses the need to make progress and finalise the regulation regarding the coordination of social security systems and the directive on portability of pension rights and the proposal for a directive on implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientation;

78.  Calls for an improvement of the legislative process at the EU level, by making it clear why action is needed at that level, ensuring the quality of the content and delivering strong and independent impact assessments covering the social, environmental and economic effects; calls, in particular, for the effective implementation of the 2003 Inter-institutional Agreement on Better Law-Making(19);

79.  Emphasises that effective cooperation between Member States and effective monitoring of the transposition of EU law should be a priority;

80.  Considers that a better legislative process at the EU level should actively seek the involvement of civil society organisations and address the concerns of citizens, thus bringing them closer to the EU;

OMC

81.  Considers that there should be a better link at the EU level between economic, environmental and social policies, with a reaffirmation of the original Lisbon Strategy goals and the need to ensure that economic and employment policies actively contribute to the eradication of poverty and social exclusion;

82.  Emphasises the need for the adoption of a legally binding charter of fundamental social rights;

83.  Notes that the Lisbon Treaty establishes that very relevant aspects of social policy should be taken into account when defining and implementing EU policies;

84.  Considers that the post-2010 Lisbon Strategy should include a strengthened OMC and invites the Commission further to encourage Member States to define national quantified targets, namely as regards the reduction of poverty and the enhancement of social inclusion, particularly supported by new measurable and quantitative indicators;

85.  Calls on the Council and the Commission to open up opportunities for Parliament's real involvement in the post-2010 Lisbon Strategy;

o
o   o

86.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) Texts adopted, P6_TA(2008)0544.
(2) Texts adopted, P6_TA(2008)0513.
(3) Texts adopted, P6_TA(2009)0039.
(4) Texts adopted, P6_TA(2008)0556.
(5) Texts adopted, P6_TA(2008)0467.
(6) OJ L 245, 26.8.1992, p. 46.
(7) OJ C 297 E, 20.11.2008, p. 174.
(8) OJ C 282 E, 6.11.2008, p. 463.
(9) OJ C 102 E, 24.4.2008, p. 321.
(10) OJ C 233 E, 28.9.2006, p. 130.
(11) Texts adopted, P6_TA(2008)0286.
(12) OJ C 301 E, 13.12.2007, p. 45.
(13) Texts adopted, P6_TA(2008)0163.
(14) OJ L 303, 2.12.2000, p. 16.
(15) Directive 2009/38/EC (not yet published in the Official Journal).
(16) OJ L 254, 30.9.1994, p. 64.
(17) OJ C 72 E, 21.3.2002, p. 68.
(18) Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (OJ L 210, 31.7.2006, p. 25).
(19) OJ C 321, 31.12.2003, p. 1.


Active inclusion of people excluded from the labour market
PDF 152kWORD 72k
European Parliament resolution of 6 May 2009 on the active inclusion of people excluded from the labour market (2008/2335(INI))
P6_TA(2009)0371A6-0263/2009

The European Parliament,

–   having regard to the Commission Communication of 3 October 2008 on a Commission Recommendation on the active inclusion of people excluded from the labour market (COM(2008)0639),

–   having regard to the Treaty establishing the European Community, and in particular Articles 99, 137 and 141 thereof,

–   having regard to Commission Recommendation 2008/867/EC of 3 October 2008 on the active inclusion of people excluded from the labour market(1),

–   having regard to Council Recommendation 92/441/EEC of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems(2),

–   having regard to the Presidency Conclusions following the meeting of the Brussels European Council of 11 and 12 December 2008,

–   having regard to the Commission Communication of 13 February 2009 entitled "Proposal for the Joint Report on Social Protection and Social Inclusion 2009" (COM(2009)0058) and the Commission staff working document of 24 February 2009 entitled "Joint Report on Social Protection and Social Inclusion 2008; Country Profiles" (SEC(2009)0255),

–   having regard to its resolution of 30 November 2006 on the situation of people with disabilities in the enlarged European Union: the European Action Plan 2006-2007(3),

–   having regard to its resolution of 6 September 2006 on improving the mental health of the population. Towards a strategy on mental health for the European Union(4),

–   having regard to progress made in equal opportunities and non-discrimination in the EU concerning the transposition of Directives 2000/43/EC and 2000/78/EC,

–   having regard to the UN Convention relating to the Status of Refugees,

–   having regard to the Council of Europe Convention on Action against Trafficking in Human Beings,

–   having regard to the UN Convention on the Rights of Persons with Disabilities,

–   having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(5),

–   having regard to the Presidency Conclusions following the meeting of the Barcelona European Council on 15 and 16 March 2002,

–   having regard to the Commission Communication of 17 October 2007 entitled "Modernising social protection for greater social justice and economic cohesion: taking forward the active inclusion of people furthest from the labour market" (COM(2007)0620) and to Parliament's resolution of 9 October 2008 on promoting social inclusion and combating poverty, including child poverty, in the EU(6),

–   having regard to the European social partners' recommendations in the report of 18 October 2007 entitled Key Challenges Facing European Labour Markets: A Joint Analysis of European Social Partners,

–   having regard to the Commission Communication of 26 February 2007 entitled "Social reality stocktaking – Interim report to the 2007 Spring European Council" (COM(2007)0063) and to Parliament's resolution of 15 November 2007 thereon(7),

–   having regard to the Commission Communication of 2 July 2008 entitled "Renewed social agenda: Opportunities, access and solidarity in 21st century Europe" (COM(2008)0412) and to Parliament's resolution of 6 May 2009 thereon(8),

–   having regard to the Commission Communication of 12 October 2006 entitled "The long-term sustainability of public finances in the EU" (COM(2006)0574) and to Parliament's resolution of 20 November 2008 on the future of social security systems and pensions: their financing and the trend towards individualisation(9),

–   having regard to its declaration of 22 April 2008 on ending street homelessness(10),

–   having regard to its resolution of 23 May 2007 on promoting decent work for all(11),

–   having regard to Decision No 1098/2008/EC of the European Parliament and of the Council of 22 October 2008 on the European Year for Combating Poverty and Social Exclusion (2010)(12),

–   having regard to its resolution of 19 February 2009 on Social Economy(13),

–   having regard to Recommendation 2006/962/EC of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning(14),

–   having regard to Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning(15),

–   having regard to its resolution of 16 January 2008 on adult learning: it is never too late to learn(16),

–   having regard to the Protocol, annexed to the Treaty of Lisbon, on services of general interest(17),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs (A6-0263/2009),

A.   whereas active inclusion must not replace social inclusion, as vulnerable groups unable to participate in the labour market have a right to a dignified life and full participation in society, and therefore a minimum income and accessible and affordable high-quality social services must be available regardless of a person's ability to participate in the labour market,

B.   whereas active inclusion is not only related to the capacity of the individual, but also to the way in which society is organised; whereas, therefore, the structural causes of exclusion, including discrimination and inadequate service provision, also need to be addressed,

C.   whereas apparent exclusion from the labour market may be the result of a lack of availability of sufficient decent employment possibilities rather than the result of a lack of individual effort,

D.   whereas integration into the labour market must not be a precondition for the entitlement to a minimum income and access to high-quality social services; whereas a minimum income and access to high-quality social services are necessary preconditions for integration into the labour market,

E.   whereas those furthest from the labour market are often people with multiple and complex needs, difficulties or disadvantages such as long-term dependence on low or inadequate income, long-term unemployment, a low level of education and illiteracy, growing up in a vulnerable family, disability, poor health, living in areas of multiple disadvantages, precarious housing conditions and homelessness, and racism and discrimination and therefore strategies for inclusion need to reflect the diversity of those excluded,

F.   whereas social exclusion and exclusion from the labour market have a serious impact on the mental health of people affected, and whereas long-term unemployed people have a greater risk of experiencing depression and other mental health disorders,

G.   whereas those distant from the labour market have a great need for vocational training either because their schooling was inadequate or because, having spent a long time away from the labour market, they are no longer able to make effective use of their education,

H.   whereas the most vulnerable are often affected by conditionality in activation policies and whereas those effects need to be monitored and negative impacts on vulnerable groups need to be avoided,

I.   whereas active inclusion measures must also work in conjunction with the development of EU and national targets concerning the fight against poverty and social exclusion,

J.   whereas most heads of households are women, most single parents are women and most carers are women; whereas, therefore, active inclusion policies require an all-encompassing set of measures to enable women furthest from the labour market to benefit in practice from active inclusion strategies; whereas the labour market situation for women has direct links to age-related poverty which mainly affects women,

K.   whereas in times of economic downturn and growing unemployment, there is a risk of large numbers of new people made redundant swelling those already suffering from poverty and exclusion from the labour market, especially for the most vulnerable social groups such as women, elderly people, people with disabilities; whereas it is essential that social inclusion and related labour market policy be pursued by way of an integrated and coherent approach within the European Economic Recovery Plan; whereas part of public funds should be used to maintain and improve social, health and education investments and other essential social services and services of general interest,

L.   whereas the view that the best way out of exclusion is to be in work can only be truly effective if that work is sustainable, high-quality work, which is adequately remunerated; whereas the principle of equal pay for equal work also remains poorly implemented,

M.   whereas family carers provide essential services of care, education and support outside the system of employment, without income or social rights, and lack the right to re-enter the labour market and to obtain recognition of skills acquired or developed during periods of family caring,

1.  Welcomes the fact that the Commission based its Recommendation 2008/867/EC on Recommendation 92/441/EEC which recognises the individual's fundamental right to sufficient resources and assistance to live in human dignity and defines common principles for implementing that right; endorses the common principles and practical guidelines presented in Recommendation 2008/867/EC on the active inclusion strategy based on three pillars, namely adequate income support, inclusive labour markets and access to quality services; and in particular points out that any active inclusion strategy has to be built on the principles of individual rights, respect for human dignity and non-discrimination, equality of opportunities and gender equality, on the promotion of labour market integration combined with full participation in society, and on the realisation of the principles of quality, adequacy and accessibility across all three pillars;

2.  Agrees with the Council that the implementation of Recommendation 92/441/EEC needs to be improved in relation to minimum income and social transfers, that social assistance should provide an adequate minimum income for a dignified life, at least at a level which is above the "at risk of poverty" level and sufficient to lift people out of poverty, and that the take-up of benefits should be improved;

3.  Welcomes the ruling of the Court of Justice of the European Communities of 17 July 2008 in Case C-303/06 concerning carers suffering discrimination by association; calls on the Commission and the Member States to take adequate measures to ensure that carers are protected from such discrimination in accessing the labour market and encourages the Member States to take the necessary steps to ensure that the Court's judgment is complied with;

4.  Calls on the Member States to implement adequate income support so as to fight poverty and social exclusion; points to the need for an adequate income support level based on Recommendations 92/441/EEC and 2008/867/EC which must be adequate, transparent, accessible to all, and sustainable over time;

5.  Considers it vital that the Commission and the Member States implement Directive 2000/78/EC, which establishes a legal framework for equal treatment in employment to combat discrimination in employment and occupation on the grounds of religion or belief, disability, age or sexual orientation, effectively;

6.  Underlines its request to the Council to agree an EU target for minimum income schemes and contributory replacement income schemes of providing income support of at least 60 % of national median equalised income and, furthermore, to agree a timetable for achieving this target in all Member States;

7.  Recognises that the interaction of social assistance and labour market activity is complex: in particular when the available work may be short-term, seasonal, precarious or part-time and when entitlement conditions and social protection systems or marginal tax rates may have a disincentive effect on the take-up of paid employment and the social assistance system is too rigid to respond; therefore urges the development of systems, which effectively support individuals in a period of transition rather than penalising or discouraging them or removing assistance too rapidly when an individual takes up work;

8.  Points to the importance of providing for welfare benefits for vulnerable persons in a position to work; points out, however, that by virtue of the subsidiarity principle such benefits are a matter for the Member States;

9.  Points out that the recipients of adequate income support and their family members will have the opportunity to avoid the risk of poverty and to become active citizens who contribute to social and economic life as well as to intergenerational solidarity;

10.  Suggests that the Member States actively consider a minimum wage policy in order to tackle the growing number of "working poor" and make work a viable prospect for those distant from the labour market;

11.  Believes that active inclusion necessitates the reduction of inequalities between regions and areas within the Community, through accelerated rehabilitation of the areas affected by the economic crisis and development of rural regions;

12.  Calls on the Member States to take action to fight clandestine or 'submerged' employment, which excludes those affected from certain social facilities and services;

13.  Requests that active inclusion policies should:

   be consistent with a lifecycle approach to education, life-long learning, social and employment policies;
   be tailor-made, targeted and needs-oriented;
   be based on an integrated approach and participative; and
   respect pre-conditions which are essential to allow participation without creating conditions that endanger a minimum living income;

14.  Invites the Commission to consider whole-cost accounting in the field of active and social inclusion as experience has shown that early investment and preventive action can reduce overall cost for society in the long term; welcomes the fact that Recommendation 2008/867/EC proposes to increase investment in social inclusion accordingly;

15.  Considers that the Member States should provide targeted additional benefits for disadvantaged groups (such as people with disabilities or chronic diseases, single parents, or households with many children) which cover extra costs in connection, inter alia, with personal support, the use of specific facilities and medical and social care, establishing inter alia affordable price levels for medicines for less advantaged social groups; stresses the need to ensure decent invalidity and retirement pension levels;

16.  Agrees, especially in the light of people's often complex needs, that there is a need to design and implement tailor-made active inclusion measures that combine minimum income, labour market inclusion and social services, that there must be a focus on early identification and preventive action, and that priority should be given to targeting the most vulnerable persons;

17.  Considers that in designing and implementing such measures, the views of those at whom these measures are aimed should be taken into account; calls on the Member States to support the empowerment of social non-governmental organisations in order to facilitate their participation in the formulation and implementation of inclusion policies;

18.  Calls on the Member States to develop a more constructive approach to drugs policy with the emphasis on prevention, education and treatment for addiction rather than criminal sanctions;

19.  Calls for the de-stigmatisation of people with mental health problems and learning disabilities, the promotion of mental health and well-being, the prevention of mental disorders as well as for increased resources for treatment and care;

20.  Considers that, because problems associated with exclusion are in many cases present from the earliest years of life, preventive action is essential to identify from an early age those children and young people most at risk, well before they drop out of education and training; notes that young people excluded from school are more likely to get involved in anti-social and criminal behaviour, compounding the challenges of entering the labour market at a later date; considers that a broad stakeholder dialogue and support for preventive action and social services to improve opportunities for vulnerable children and young adults are critical to the success of inclusion policies; also stresses the importance of problems of exclusion affecting older people who lose their jobs and cannot rejoin the labour market;

21.  Considers that the needs of young people seeking a first job should be taken into careful consideration and that policies and measures that can foster the transition from education into the labour market should be taken at national level; considers further that structured dialogue with youth organisations should be continuously associated with the work of the EU institutions and of the Member States;

22.  Calls on the Member States to do more to address issues faced by carers, including the right to choose freely whether they want to be a carer and the extent of the care that they provide, the possibility of combining caring with paid work and employment as well as access to social security schemes and pensions, in order to avoid impoverishment as a consequence of caring;

23.  Welcomes the recognition of the need for universal access to affordable and high-quality social services as a fundamental right and as an essential element of the European Social Model as well as to support the maintenance of people in work and the principles set out in Recommendation 2008/867/EC; considers that such social services include stable, affordable housing, accessible public transport, basic vocational training, and healthcare provision as well as access to affordable energy and other network services; notes that progress must be made on guaranteeing universal service obligations in services of general interest; considers that the development of a plan of action to establish an EU framework directive on services of general interest to guarantee these obligations is necessary; notes that progress remains inadequate in reaching the Barcelona targets set for affordable, high-quality childcare provision, which should be strengthened to cover all children in primary education; also notes that the care needs for other dependants are also inadequately met and should be subject to a similar process;

24.  Believes that tackling discrimination faced by people in the context of access to goods, services and facilities is central to achieving inclusion and therefore welcomes the proposal for a comprehensive directive to combat discrimination outside of employment on the grounds of age, disability, sexual orientation and religion or belief;

25.  Encourages Member States to consider social default tariffs for vulnerable groups, for example in the fields of energy and public transport and also facilities for obtaining microcredits, so as to promote active inclusion, as well as free healthcare and education for people with difficulties of a material nature;

26.  Calls on the Member States to increase the profile of credit unions to help offer individuals a safe and regulated environment for people to save and borrow money and to counter increasingly problematic personal debt; calls on the Member States to ensure that individuals have the right to open an affordable bank account, which is an essential means by which to participate in both economic activities and society;

27.  Calls on the Member States to provide people with disabilities with the additional support necessary both in order to access the labour market and while working; calls on those Member States that have not yet done so to sign and ratify both the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol; notes that the Member States should establish appropriate procedures and structures for effective implementation of that Convention in their territory;

28.  Believes that young people face specific obstacles to active inclusion including unjustified age-related discrimination and difficulties in relation to access to affordable vocational training schemes;

29.  Welcomes the deinstitutionalisation of people with disabilities but notes that this requires a sufficient level of community-based services favouring independent living, the right to personal assistance, the right to economic independence and full participation in society within the Member States;

30.  Calls on the Commission and the Member States to provide adequate resources to facilitate access to life-long learning programmes as a means of limiting the exclusion of older people among others from employment and to foster their continuous participation in social, cultural and civic life;

31.  Believes that more action should be taken to tackle domestic violence and the abuse of children and older people;

32.  Calls on the Commission and the Member States to ensure that the existing Community legislation on gender equality, equality generally, and non-discrimination is fully, properly and effectively implemented; calls for its extension and enforcement to remove structural barriers to employment and professional education and training;

33.  Believes that high-quality education is a vital prerequisite for successful future employment and integration; calls on the Member States to extend legislation on public education with a view to eliminating any and all barriers to education, ensuring integrated education and access for all; believes that those who have been excluded from the labour market for a long time must have greater entitlements to funding for lifelong learning, especially where "key competences" are concerned;

34.  Calls on the Commission and the Member States to apply the principle of gender mainstreaming throughout the Active Inclusion strategy;

35.  Considers that training offered should take account of the needs of the individuals concerned and be appropriate to them; calls for targeted rather than standardised training and integration measures which often disregard the needs of people with disabilities, those with caring responsibilities or persons with health problems; points to best practices from the European Social Fund (ESF) and EQUAL as regards targeted needs-based training approaches for those farthest from the labour market, recognising non-documented skills and skills acquired through non-formal education;

36.  Recommends improving the quality of education and integrating education systems with the labour market and social participation criteria, as well as reducing inequalities in access to all forms of education and in the quality of the education offered;

37.  Considers that training should also ensure that individuals are aware of their rights and obligations at work, including sound preparation in terms of health and safety and their rights to trade union membership as well as their rights to information and consultation and to lifelong learning and training;

38.  Notes that there is a risk that more imaginative approaches to prepare those furthest from the labour market for eventual access to it may be deprived of funding in favour of a more narrow approach based on easily quantifiable outcomes; calls on the Commission, therefore, to improve the funding for bottom-up approaches under Structural Funds, and particularly under the ESF, and the development of indicators that measure the progress made to social and active inclusion, so as to target innovative grass-roots initiatives to promote active inclusion, as part of the social inclusion objectives highlighted as part of the Lisbon ear-marking of Structural Funds, the proposed funding on social innovation, and through other funding streams;

39.  Notes that as a result of changing demographics, it is estimated that by 2030 the ratio of active to inactive people will be 2:1; calls on the Commission and the Member States to develop active inclusion policies to ensure that carers, many of whom will be obliged to withdraw from the labour market due to caring responsibilities, are not adversely affected in later years;

40.  Points to the necessity of creating an inclusive labour market as the core of any active inclusion strategy, a labour market with decent working conditions and job diversity for all workers taking into account different workplace needs, individual workers" requirements, working patterns and time models, differing skill levels, and different needs in terms of reconciliation of family, private and professional life; notes that high-quality employment is essential to promote job retention;

41.  Calls on the Member States to promote a competitive labour market favouring the development of public and private social protection systems at reasonable cost, enabling those concerned, including members of ethnic minorities, to have the choice of reducing the risks of exclusion from the labour market;

42.  Calls on the Member States to use tools and instruments so as to motivate all actors to create inclusive labour markets and improve the participation of those farthest from the labour market; points to instruments in the context of localised social dialogue, financial incentives, tax benefits and the development of the social economy; welcomes the Commission's recommendation to provide support for the social economy as a vital source of entry jobs for disadvantaged people;

43.  Points out that the role of local and regional authorities in promoting active inclusion is threefold: as employers, promoters of economic development and employment, and as providers of public services, including services for the most vulnerable groups; calls on the Member States to establish networks at regional and local levels to advise and refer people on where they can receive help in accessing the labour market as well as specific social services (i.e. social benefits schemes, health, mental health and social care services, and vocational training) according to their particular situation;

44.  Strongly believes that more should be done to tackle the barriers to inclusion faced by asylum seekers; calls on the Member States to work to end asylum seekers" dependence on benefits by allowing them to work and consider the development of more legal immigration routes;

45.  Urges all Member States to safeguard human rights-based asylum policies in accordance with the Convention relating to the Status of Refugees and other relevant human rights legislation;

46.  Recognises that human trafficking results in immense suffering and social exclusion and calls on the Member States to do more to enforce anti-trafficking and anti-discrimination legislation, reintegrate the victims of trafficking into society and, in particular, to sign, ratify and implement the Convention on Action against Trafficking in Human Beings;

47.  Urges the Commission and the Member States to reject the misleading blurring of economic migration with asylum-seeking, and of economic migration and asylum-seeking with illegal immigration;

48.  Believes that the imprisonment of people without adequate rehabilitation and education creates barriers to inclusion and often only leads to further social exclusion, unemployment and crime;

49.  Believes strongly that the retention of a mandatory retirement age acts as a barrier to active inclusion and forces many people, who may want to choose to continue to work, out of the labour market unnecessarily;

50.  Calls on the Commission to coordinate closely the policy process in relation to active inclusion, in particular as regards high-quality social services, with the ongoing development of a voluntary framework on high-quality social services of general interest, and to examine without delay all possible means of clarifying the legal context in which social services general interest operate and providing them with a legal framework to serve as a point of reference, in particular by adopting legislative instruments including a framework directive;

51.  Underlines its recent request to the Commission and the Council to set targets for the reduction of poverty (poverty in general, child poverty, in-work poverty and persistent long-term poverty), for a minimum level of income provided through pensions and for access to health care and for its quality (reducing infant mortality, improving health and increasing life expectancy, etc.); reiterates its requests to set an EU target to reduce child poverty by 50 % by 2012 and to end street homelessness of children, youth and adults alike by 2015;

52.  Calls for a concrete roadmap for the implementation of active inclusion strategies based on the participation of civil society and other stakeholders, including people experiencing poverty; considers that the roadmap should specify time lines and realistic qualitative and quantitative targets based on specific indicators and on detailed dialogue between the interested parties; considers also that the roadmap should set out how active inclusion is to be implemented and monitored through the Open Method of Coordination for social protection and social inclusion, particularly at local, regional and national level; therefore welcomes the initiative of the Commission to involve local authorities in monitoring the implementation of active inclusion strategies through financing a network of local authorities" observatories on active inclusion by the Progress programme; asks the Commission and the Member States to give those observatories a strong role in the future policy process and mainstream active inclusion programmes through the national reform programmes of the revised Lisbon Strategy and in particularly the European Employment Strategy;

53.  Instructs its President to forward this resolution to the Council and the Commission and the governments and parliaments of the Member States.

(1) OJ L 307, 18.11.2008, p. 11.
(2) OJ L 245, 26.8.1992, p. 46.
(3) OJ C 316 E, 22.12.2006, p. 370.
(4) OJ C 305 E, 14.12.2006, p. 148.
(5) OJ L 303, 2.12.2000, p. 16.
(6) Texts adopted, P6_TA(2008)0467.
(7) OJ C 282 E, 6.11.2008, p. 463.
(8) Texts adopted, P6_TA(2009)0370.
(9) Texts adopted, P6_TA(2008)0556.
(10) Texts adopted, P6_TA(2008)0163.
(11) OJ C 102 E, 24.4.2008, p. 321.
(12) OJ L 298, 7.11.2008, p. 20.
(13) Texts adopted, P6_TA(2009)0062.
(14) OJ L 394, 30.12.2006, p. 10.
(15) OJ L 327, 24.11.2006, p. 45.
(16) OJ C 41 E, 19.2.2009, p. 46.
(17) OJ C 306, 17.12.2007, p. 158.

Legal notice - Privacy policy